Clapper v. Skeen

*302The opinion of the court was delivered by

Burgh, J.:

The parties to this litigation are rival claimants of a tract of school-land. . The facts are stated by the trial court as follow:

“The facts in this case show that prior to midnight of January 6, 1906, a valid outstanding lease was upon the land in controversy, in a different person than either the plaintiff or defendant in this suit.

“Upon the 29th day of December, 1905, the plaintiff commenced the erection of a dwelling-house upon this land, by and with the consent of the lessee of the land. He completed this dwelling prior to the time the…