The opinion
OPINION ON MOTION FOR REHEARING
Appellants in their motion for rehearing have renewed all of their original points *602 of error and have filed thirteen requests for findings of fact and conclusions of law under Rules 451 and 453, T.R.C.P. In our original opinion we stated that this particular case turned on the question of whether or not the State has a superior title to the narrow strip of land in question and is entitled to possession of this property. The State’s claim was by prescriptive use. We held that the State did not prove that it had acquired an easement over this land by prescription.
We do not agree with appellants’ opening statement that a number of facts listed by appellents are undisputed in the record. Many of the facts concerning possession of the area in question and the width of the right of way were in sharp dispute between the parties.
We have again reviewed appellants’ points and are of the opinion that we originally passed on and stated our findings and conclusions as to all points of error contained in appellants’ brief. We expressly held that the evidence supports the trial court’s findings and conclusions of law that the defendant public officials were acting as individuals and their action was not that of the State of Texas. We again re-affirm the procedure set forth by the Supreme Court in State v. Lain, supra, and believe that the trial court followed such procedure correctly. We expressly found that there was evidence sufficient to uphold the judgment of the trial court that the State of Texas had not exercised possession or control of the disputed strip. We again find that there was sufficient evidence of appellees’ continued possession and that the trial court was warranted in finding that appellees had prior possession of the strip in question. We reviewed the voluminous record and recited in our original opinion that the County of Hidalgo did not acquire by condemnation the strip of land in question. The State of Texas’ claim followed that of the County’s. The evidence was sufficient to uphold the trial court’s finding that the appellees had title in themselves and had proved the same through a common source and by prior possession.
The State’s fifth request that we find whether or not the State’s pleadings admit record title in Carl Edmund, is immaterial to a correct disposition of this appeal. There is no necessity for anyone to prove that a common source has record title. Davis v. Lund, 41 S.W.2d 57 (Tex.Com.App.1931, Op. app. by the Sup. Ct.); McBride v. Loomis, 212 S.W. 480 (Tex.Com.App.1919, Op. adopted and entered as judgment of the Supreme Court) ; Temple Lumber Co. v. Arnold, 14 S.W.2d 926 (Tex.Civ.App1929, wr. dism.); Jackson v. Jackson, 114 S.W.2d 644 (Tex.Civ.App.1938, wr. dism.); Krasa v. Derrico, 193 S.W.2d 891 (Tex.Civ.App.1946).
We have carefully reviewed all of these requests of findings and are satisfied that our original opinion has amply disposed of all the points of error and has recited all findings material to the judgment of the court. It is not the duty of the Court of Civil Appeals on a motion for additional findings of fact to recite evidence or make legal conclusions which may conflict with findings heretofore made by the Court. See Prasek v. Dudley, 395 S.W.2d 876 , on rehearing (Tex.Civ.App. — Corpus Christi 1965) and cases therein cited. We here repeat and confirm the finding's and conclusions stated in our original opinion. We find that the evidence supports the trial court’s findings and that there was no reversible error committed by the trial court.
Appellants’ motion for rehearing is overruled.