Wallace v. Brooks , 194 Okla. 137 ( 1944 )

I think the majority opinion constitutes an improper application of the statute 24 O. S. 1941 § 10. And as I view the record, the trial court should be affirmed as to the finding of facts. The opinion emphasizes the allegations of plaintiffs' petition, but the trial court found the facts to be against plaintiffs on the evidence.

I am authorized to say that GIBSON, V. C. J., and DAVISON, J., join in this dissent.