Lewis v. Scharbauer

CONNER, Chief Justice.

Appellant, in trespass to try title, sought to recover sections 26, 36, 38 and 48 in block 40 of the public free school surveys situated in Midland County. The facts show that prior to January 1, 1902, said sections were'held by virtue of a valid lease from the State owned by the Scharbauer Cattle Company, of which appellee John Scharbauer was the president. This lease, which also included certain other lands, was forfeited by the Commissioner of the General Land Office on December 30, 1901, for failure to make the fifth annual payment of interest, and notification…