I think the correct rule is laid down in Chief *Page 206 Justice McNeill's dissenting opinion in Simons v. McDaniel,154 Okla. 172, 7 P.2d 419, and cases therein cited, quoted from, and discussed, but this court having refused to accept those views and adopted the majority opinion, which has become the law of this state, I feel that I am bound by the rule therein laid down, and therefore concur in the conclusion reached herein.