Ripinsky

(after stating the facts as above).

The testimony is voluminous, and, while it has received our careful attention, only meager reference need be made to it, in the view we take of the controversy. There was' introduced in evidence by the plaintiffs a plat of the town of Haines, which purports to have been compiled from the original town plat and actual surveys. The original survey of the town was made by one Walter Fogelstrom, and filed for record January 29, 1898. Fogelstrom acted in behalf and at the request of citizens of the place at the time. This town plat covers by its blocks 1, 2, 3, 4, 5, and 6, and streets and alleys, the larger part of the area of survey No. 573, which marks the boundaries of a homestead claimed by the defendant, Solomon Ripinsky; but there is a parcel of 270 to 280 feet in length and about 150 feet in width at the extreme east end, and another of about 150 feet in length at the west end, of the survey, that it does not include. The parcel at the east end not so covered by the town-site survey is designated on a plat, designed to show the conflict in survey between the town plat and survey No. 573, which was introduced in evidence by the plaintiffs,…