Gilmore v. Lockwood

SPEER, Associate Justice.

Appellant, Gilmore, brought this suit in the form of an action of trespass to try title to recover from appellee, Lockwood, a section of school land in Lynn County. The application of appellant was rejected because of a prior sale to appellee, and appellant sought to impeach this sale by showing that appellee was not, at the time of the award to him, an actual settler upon his base or mother section. Hpon appellee’s proving that the Commissioner of the General Land Office had issued a certificate of three years’ occupancy, the trial court instructed the jury to return…