On Motion for Rehearing.
Appellants have filed a thorough and vigorous motion for rehearing asserting that their proof of possession was sufficient to raise an inference of title as a matter of law. We have again examined the statement of facts in the light of appellants’ motion and are of the opinion that our original holding on this point was correct. This court is unauthorized to set aside an express finding of a trial court in a non-jury case, unless there is no evidence to support the finding or such finding is manifestly contrary to the overwhelming preponderance of the evidence. Shaw v. Centerfield Oil Co., Tex.Civ.App., 10 S.W. 2d 144. This is true even though the appellate court in weighing the evidence might have reached a conclusion different from that of the trial court. Crawford v. Beaver-Electra Refining Co., Tex.Civ.App., 273 S.W. 892.
Appellants contend that the trial court erred in finding “that all matters not herein specifically enumerated are found in favor of cross-defendant (appellee) John H. Clopton.” This general finding was not considered by us in our disposition of this case, and any error existing by reason of its presence among the trial court’s findings is therefore harmless.
As pointed out in our original opinion, appellee, Clopton, filed a disclaimer as to part of the lands sued for in appellants’ cross-action. Upon this disclaimer, the trial court dismissed appellants’ cross-action, insofar as it pertained to the lands described in the disclaimer. This was error and the judgment of the trial court will be reformed so as to allow appellants judgment for the lands and premises described in appellee’s disclaimer. Williams v. Humble Oil & Refining Co., Tex.Civ.App., 139 S.W.2d 346, and authorities therein cited. It does not appear that this particular error was called to the attention of the trial court and therefore the cost of this appeal will be taxed against appellants. Snyder v. Compton, Tex.Civ.App., 29 S.W. 73.
The judgment of the trial court will be reformed, as above indicated, and as reformed, affirmed.
Appellants’ motion for rehearing is granted to the extent indicated, and in all other respects it is overruled.