Chance v. Branch

Willie, Chief Justice.

This cause was submitted to the judge below, no jury having been demanded, and in the absence of a statement of facts his conclusions found and filed under the statute must be taken as embracing substantially the facts proven on the trial. These show, among other things, that the appellant settled upon the land in controversy in January, 1869, and built a house and inclosed three or four acres with a fence, and occupied the same up to 1881. That he intended, in so settling upon the land, to claim a pre-emption right in it as vacant land. That he knew there was adjoining…