Smith v. Zesch

FLY, Associate Justice.

Appellant sued appellee Zesch to recover three tracts of land, and W. H. Smith intervened in the suit. The cause was tried by the court and a judgment was rendered in favor of Zesch.

The following facts found by the trial judge are adopted by this court:

“1. Fractional section 20, certificate 1-438, G. W. T. & P. R. R. Co., 455 acres, was by Commissioner of General Land Office leased to John. W. Gamel for a period of three years, commencing January 20, 1896, the lease reciting payment of first annual rental in advance $13.65, and being duly recorded in Mason County…