On Motion for Rehearing
We remain of the opinion that there was evidence of probative force and it was sufficient to sustain the jury’s location of the dividing line between Lots 8 and 9, Block 337, S.S.B.B., of the City of Houston. The appellee, who had the burden of proof discharged his burden.
In motion for rehearing appellants call our attention to an incorrect statement in our opinion. We stated no one seemed to be able to find the plat referred to in the deed from Theodore Bering, Jr., to Vincent Navarro. We were incorrect in this. It was in evidence. However, it is of such a nature that it affords no aid in determining lot lines. It shows a division into blocks, but no dimensions are shown.
Appellants indicate we attached some significance to the fact they filed a cross-action and have filed a supplemental transcript showing they took a non-suit. While we recited the filing of a cross-action, we attached no significance to this fact in our disposition of the case.
Appellants’ motion for rehearing is overruled.