Appeal from-Nevada Circuit Court.

STATEMENT BY TH® COURT.

This is an action of ejectment by the trustee of Clark County against Mrs. S. L. Brown, to recover a tract of land described as follows, towit: the undivided half of the fractional north half — north of Ouachita River — of section 4, township 7 south, range 19 west, containing 71.31 acres, which the complaint alleged was situated in Clark County. The action was brought in the circuit court of that county, and one of the defenses set up by the defendant was that the land was not in Clark County, but in the county of Hot Spring, and that for that and other reasons the action could not be maintained. The circuit court sustained this contention, and gave judgment for the defendant, and the plaintiff appealed to this court.

The draughtsman of the act was very unfortunate in the use of the words, “township” and “range,” and misapplied those words several times. The mistake is apparent, when considered with reference to well understood and fully described objects, and to courses named, and also.with reference to the practical construction, for more than thirty-five years, placed on the act by county and State officials, with reference to county lines established thereby. In copying so much of said act as applies to this case, the correct words that should have been used will be placed in brackets, to show at a glance the intended reading of the act:

“Section i. * * * That all parts of the counties of Hot Spring and Dallas lying and being within the boundaries described in section 2 of this act be, and the same are hereby attached to and shall become a part of the county of Clark.

“Sec. 2. That the following described lines are, and the same shall be, the boundary line between the county of Clark, and counties of Hot Spring and Dallas, viz: Beginning in the channel of Bayou De Roche, on the range [township] line between townships 4 and 5 south, 20 west; thence east to the lines between townships [ranges] 19 and 20 west; thence south along said line to the channel of the Bayou De Roche; thence down the channel of said bayou to the channel of the Ouachita River; thence down the channel of said river to the range [township] line between townships 6 and 7 south; thence east along said line to the township [range] line between townships [ranges] 17 and 18 west; the.nce south along said line to the range [township] line between townships 8 and 9 south; thence west along said range [township] line to the channel of the Ouachita River, and thence down said channel to the northern boundary of Ouachita County.”

It will be noticed that in almost, if not every instance, in this legislative enactment, where a “range line” is intended a “township line” is mentioned, and where a “township line” is intended it is miscalled a “range line.”

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