Adams v. Hoskins

On Petition for Rehearing.

This matter is now before this court upon petition for rehearing filed by the plaintiff. It is directed primarily at the law announced in paragraph 1 of the syllabus, and the reasoning of the opinion leading thereto. It alleges that this holding is contrary to holdings of this court, and cites as the leading case in support of this assertion, Carter v. Prairie Oil & Gas Co., 58 Okla. 365, 160 Pac. 319, and other cases, making reference thereto. The contention is made that this is an action of purely equitable cognizance, and that the law rule as to the evidence…