The issues in this case are identical with those of Staplin v. Vesely, Commissioner of Public Lands, etc., 41 N.M. 543,72 P.2d 7, this day decided; and it is reversed and remanded, with instructions to dismiss, for the reasons stated in our opinion in said cause.

It is so ordered.

HUDSPETH, C.J., and SADLER, BICKLEY, and ZINN, JJ., concur.