Busk v. Lowrie

BROWN, Associate Justice.

Starkweather had a body of land enclosed in Coleman County as a pasture, which embraced the lands in controversy, with a fence running east and west so as to divide it into two pastures. He sold to appellant that portion of the land lying north of the fence in 1886. Starkweather did not know that the land in controversy was vacant when he enclosed it; neither did Busk know that fact when he purchased it. There was, however, a vacancy of 234 acres between two surveys inside the enclosure. Busk discovered, in 1886, that the land was vacant, and located a certificate…