Empire Ranch & Cattle Co. v. Howell

ON PETITION FOR REHEARING.

Cunningham, Judge.

In its petition on rehearing appellant vigorously insists upon the contention made in its behalf in the original brief that its title had been perfected under and by virtue of sec. 4090 R. S. In the original opinion we ruled against this contention on the authority of Sayre v. Sage, 47 Colo. 568. Counsel for appellant, in his brief on rehearing, insists that the Sayre case is not authority, contending that that case turned upon original sec. 6 of the Act of 1893, or *595see. 4089 R. S., instead of original sec. 7, Sec. 4090 R. S. We still are of opinion…