McWhorter v. Eriksen

There have been two former appeals in this'cause. See Ericksen v. McWhorter, 132 S. W. 847; same, 143 S. W. 245. This is a suit in the form of trespass to try title brought by appellee as plaintiff against appellant as defendant for the land in controversy. Upon trial it was agreed that on March 3, 1908, appellee, by regular transfer and applications duly filed and accepted in the general land office became the substitute purchaser from the state of the land in controversy, and that thereafter the Land Commissioner canceled ap-pellee’s purchase on the ground of failure on his part to occupy…