Butler v. Sadler

NYE, Justice.

This is a vacancy suit. Appellants filed suit in the district court of Cameron County, Texas, alleging that there is in existence in that county vacant, unsurveyed public school lands as described in their pleadings. The proceeding in the district court filed by the appellants was an appeal from the order of the Texas Land Commissioner who had determined that “no vacancy” could possibly exist on the lands in question. In appellants’ suit they allege that they are entitled to establish the existence of vacant unsurveyed public school lands and their preferential right to purchase…