Borchers v. Mead

STEPHENS, Associate Justice.

December 28, 1896, appellee, a single man, applied to the Commissioner of the General Land Office to purchase as an actual settler a section of grazing land in the pasture of Rowe Bros., in Donley County, previously sold to appellant. His application was rejected, and this suit was brought January 21, 1897, to establish Ms claim to the land. Upon a verdict so finding, judgment was entered in his favor; hence this appeal.

The controlling question is, was he an actual settler? There being little or no conflict in the evidence, the answer may be found in the following…