Jacobs v. Walker

Belcher, C.

—This is an action to determine a contest between the plaintiff and defendant as to which of them is entitled to purchase certain school-lands. The court below gave judgment for the defendant, and the plaintiff appeals therefrom on the judgment roll.

The court found the facts of the case to be, in substance, as follows: —

On the twenty-third day of February, 1883, the defendant filed in the office of the state surveyor-general his affidavit and application to purchase the northeast quarter and the south half of the northwest quarter of a certain thirty-sixth section of land in…