Chavez

After a decision by this court a petition for rehearing was granted herein. On further consideration of the questions involved in the appeal, we are convinced that the original conclusions, as indicated in the opinion of the court, are correct; said opinion being as follows:

“ It should be remembered that the judge had indicated by his opinion previously filed just how the ranch was to be partitioned; that he had authorized a surveyor to prepare a map showing courses and distances in accordance with the directions contained in the opinion, which presumably the surveyor had done; and that immediately preceding the drawing of the decree, all of the parties, with their respective attorneys, had met with, the judge and, after some discussion, agreed to waive findings. If the decree was the result of a ‘stipulated judgment,’ the record is faulty in not disclosing that such was the case. So far as appears from the record, the only stipulation entered into was that findings of fact were waived. In preparing the decree, the surveyor’s map was used as the basis for the allotments to the several litigants. There was no agreement either among the parties to the action, or among the…