State v. Superior Oil Company

OPINION

NYE, Chief Justice.

This is a vacancy case. The cause originated as a suit filed by an applicant, Walter C. Atchley, acting under article 5421c, section 6, Tex.Rev.Civ.Stat.Ann. seeking to purchase 12,068.4 acres of state land. Atch-ley’s application had been rejected by the commissioner of the General Land Office before he filed suit. The State of Texas acting under the authority of article 5421c, section 6(j), Tex.Rev.Civ.Stat.Ann. intervened in the cause as an active plaintiff in trespass to try title, asserting ownership of the area of land claimed to be State lands by Atchley as…