King v. Mitchell

COLLARD, Associate Justice.

The appellee, Nathan Mitchell, on the 25th day of August, 1887, sued John King, the appellant, in -trespass to try title for a strip of land on the north end of survey No. 25 — that is, a strip 78.42 varas wide. Survey 25, in the name of Anselmo Gallan, is described as south of survey 24, in the name of Thomas Thatcher, the former calling for the south line of the latter.

Defendant answered not guilty; that the land sued for was vacant land and had been pre-empted by him; and if it was held not to be vacant when pre-empted, that it was a part of survey 24, adjoining…