Davis v. Tillar

STEPHENS, Associate Justice.

—The section of school land in controversy was patented to appellee, plaintiff below, as assignee of Andy Trevey, the original purchaser, February 24, 1902, a short time before the institution of this suit.

Andy Trevey, after proving up three years occupancy of his home section, applied to purchase the section in dispute as additional land the - day of June, 1900, and it was awarded to him- day of August, 1900. Appellant made his application to purchase it as an actual settler thereon-day of June, 1901, complying in all respects with the law and being an actual…