Cunningham v. State

Gaines, Associate Justice.

This suit was originally brought by th& State to cancel a sale of a certain section of school lands lying in Donley County alleged to have been made to appellant Cunningham. By an amended petition appellant Montgomery was made a party defendant. The first amended petition alleged the sale of the land to Cunningham, his failure to comply with the conditions of the sale, and that Montgomery *513was setting up a claim to the property. On the day of the trial a second amended petition was filed on behalf of the State changing the suit to an ordinary action of trespass to try…