Gammage v. Powell

Stayton, Associate Justice.—

The record shows that the land in controversy is located in Holán county; that Powell settled on it December 20, 1880, and that he made no application for it as a homestead donation until the 28th of October, 1881. He claims one hundred and sixty acres of land, but the statement of facts does not show that he is the head of a family.

On the 11th of April, 1881, the appellant located the unlocated balance of a headright certificate on a tract of land inHoIan county, which embraces the one hundred and sixty acres in dispute, and on the 18th of October, 1881, the tract…