Weatherly v. Jackson

Mr. JUDGE SMEDLEY

delivered the opinion of the Commission of Appeals, Section B.

Plaintiff in error sued defendants in error for the title and possession of a tract of land in Calhoun County containing 149.28 acres, and described in the petition as lying between Section 2 of F. W. Roemer Survey No. 6 on its northwest and the E. Miller survey on its southeast, claiming ownership by purchase from the State of Texas under the provisions of Article 5323 of the Revised Civil Statutes authorizing the sale of unsurveyed land belonging to the public school fund. Defendants in error claim ownership of…