On Motion for Rehearing.
As. stated in our main opinion, the evidence is not such as to require the finding that appellants claimed the specific 42i/io acres of land involved in this suit for tqn years prior to the institution of the suit.
If it be conceded that appellants, having shown adverse possession and claim to the 2½ acres awarded them by the jury for more than ten years before the suit was filed, were entitled as a matter of law to have set apart to them as much as 160 acres of the section of which the 2½ acres was a part, they would not be entitled to any specific portion of said section outside of the boundaries of their actual possession without showing that they had claimed such specific and defined portion for the ten years required by the statute, or alleging and proving that it would not be unfair or inequitable to have the specific 42/i0 acres now claimed by them set apart to them. No such allegation or proof was made, and their right to the specific 42i/io acres depends upon whether they have been claiming that particular part of the section for ten years before the suit was brought. Louisiana & Texas Lumber Co. v. Stewart, 130 S. W. 199.
•We think the motion for rehearing should be overruled, and it is so ordered.