On Motion for Rehearing.
In its motion for a rehearing the state complains, among other things, of the map attached to our opinion on the ground that it is incorrect, and, if approved by the court, would prejudice the rights of the state in another suit pending in the -trial court, wherein the state is claiming a vacancy between the C. B. Stewart survey and the Ransom House survey, that is, south of the land here involved, and extending across the entire east end of the Stewart survey; the contention being that the map attached shows an adjoinder between the Stewart on the east and the Ransom House on the west, whereas, the field notes of the two surveys do not call for adjoinder, and the state is suing to recover as vacant lands a strip between them comprising about 180 acres.
It was not our intention to adopt the attached map as correct nor to approve it as a delineation of any adjoining surveys. Its insertion in the opinion was merely for the purpose of outlining the Slade survey and its general position with reference to other surveys in the vicinity, and for illustrative purposes only. The fact that numerous other surveys are shown, not here in controversy, makes that obvious. We did not intend to hold that the numerous lines shown on said map affecting other surveys are correctly located, and expressly decline to do so. Nor is such map to be considered as in any manner affecting the issue in any other suit pending as to whether vacancies exist between other surrounding surveys.
Appellant also complains that we were in error in holding that the surveys to the east were senior to the Slade. It is true that the Real survey was laid out subsequent to the survey of the Slade, but the Lang League line which constitutes the east boundary of the Sla.de, and the boundary with which we áre here concerned, was senior to the Slade and had been established prior to the survey of the Slade.
In the respect above indicated, the appellant’s motion is granted. In all other respects it is overruled.
Granted in part and in part overruled.