
    No. 8982.
    Smith v. The State Board of Land, Commissioners et al.
    Affirmed on the authority of Gunter et al. v. Walpole et al., supra. Garrigues, J., dissenting.
    
      Error to Denver District Court, Hon. George W. Allen, Judge.
    
    Messrs. Goudy, Twitchell & Burkhardt, for plainti in error.
    Mr. Fred Farrar, Attorney General, Mr. Wendell Stephens, Assistant Attorney General, for defendants in error.
   Mr. Justice Bailey

delivered the opinion of the Court.

The questions here involved are, substantially in legal effect, the same as those decided in Gunter et al. v. Walpole et al., reported , arid the opinion therein is decisive of and controlling in this case, and necessitates an affirmance of the judgment herein.

Decided May 6th A. D. 1918.

Rehearing denied December 2nd, A. D. 1918.

Judgment affirmed.

Decision en banc.

Mr. Justice GaTrigan dissents.

Mr. Justice Allen not participating.  