Martin v. McCarty

Hobby, Judge.

This is a suit by the appellant J. S. Martin against the appellee D. Q. McCarty to recover section 128, surveyed by the Southern Pacific Railway Company for the State for the benefit of the common school fund, containing 640 acres of land, and situated in Tom Green County. The plaintiff’s petition is in the usual form of an action of trespass to try title and alleges ownership in plaintiff on the 2d day of January, 1884.

It appears from the evidence in this case offered by the plaintiff that the Land Board of the State, under the Act of April 12, 1883, placed the land which is the…