Bracken v. Jones

Willie, Chief Justice.

The material facts proved upon the trial of this cause in the district court are substantially as follows:

One Mack Bracken settled upon and improved a portion of public land, and afterwards in 1859 sold his improvements to the appellant in this cause. • The improvements, whilst principally upon public land, yet included within the fencing about four acres of an adjoining tract, known as the Rogers tract, belonging to the appellee, *185John M. Jones. After W. A. Bracken bought the improvements (but at what time does not clearly appear), he became the owner by pre-emption of…