Perkins v. Miller & Sayers

Stayton, Associate Justice.

The one hundred and sixty acres of which the land in controversy is a part was patented to H. H. Bond as the assignee of Joseph Lambert, a pre-emption claimant, on May 12, 1871, and under that patent the appellees held title to that part of the grant now in controversy under regular chain of title, as did the appellant to another part of the grant.

The grant to Bond being admitted to be invalid, for the reason that the land belonged to Milam county as á part of its school land, the rights of the parties must depend upon their respective claims growing out of their…