Wilson v. Zutavern

The opinion of the court was delivered by

MASON, J.:

O. R. Wilson instituted proceedings for the purchase from the state of a tract of land claimed by him to have been originally an island in the Arkansas river. The district court, on the motion of other claimants, dismissed the case upon the ground that he had failed to comply with the statute. He .appeals.

The plaintiff settled upon the land on August 23, 1912, and filed an affidavit of such settlement with the county clerk. At that time all islands in navigable streams were open to settlement as school land under the ordinary procedure, no…