Erskin v. Wood

The opinion of the court was delivered by

Benson, J.:

The plaintiff and defendant made simultaneous entries upon a tract of school-land. Each made improvements exceeding $100 in value, and each resided on the land more than six months. Each published a notice of his intention to purchase as provided by law, and the date of hearing upon each notice was for the same day. Mr. Wood presented his proofs, and a finding was made by the probate court of the facts entitling him to purchase. He then made payment of the appraised value to the treasurer and received a certificate of purchase, and…