Wise County Coal Co. v. Phillips

CONNER, Chief Justice.

This suit was instituted in the District Court of Wise County by the appellees, as the only heirs of J. L. Phillips, deceased, to recover a tract of about eighteen acres of land claimed by appellant as the vendee of one W. T. Simmons.

Briefly stated, the facts are that on the 4th day of December, 1893, J. L. Phillips, through whom appellees claim, was an actual settler upon unappropriated public domain, and applied to the surveyor of Wise County for a .survey not to exceed 160 acres, as a homestead donation. By virtue of this application said surveyor on December 20,…