The opinion
RILEY, J.,
(dissenting). I am opposed to the rule of law followed in the majority decision. My views are expressed in a dissenting opinion filed in the case of Harness v. Myers, 143 Okla. 147 , 288 Pac. 285 .
The majority opinion is also based upon Tucker v. Leonard; 76 Okla. 16 , 183 Pac. 907 , the rule of which in subsequent litigation has been modified by a majority of the court, but without my assent. Tucker v. Leonard, 144 Okla. 258 , 291 Pac. 135 .
Note. — See under (2, 3) 12 R. C. L. p. 1140; R. C. L. Perm. Supp. p. 3268.