Steward v. Wagley

STEPHENS, Associate Justice.

June 23, 1898, appellant, an actual settler, made application to purchase as dry grazing land at $1 per acre the section of school land in controversy, complying in all respects with the law providing for the sale of such lands. The application was rejected because of a previous sale to appellee. Suit was consequently instituted by appellant to recover the land, which resulted in a verdict and judgment against him, from which this appeal is prosecuted.

The court held that if the land was on-the market at all when appellant made his application it was on the market…