Willingham v. Floyd

STEPHENS, Associate Justice.

—This controversy arose out of conflicting applications to purchase two sections of school land in Midland County, and resulted in a judgment for appellee, defendant below, whose application was prior. Hnless the evidence required the jury to find that appellant was an' actual settler and that appellee was not, the judgment must stand. We find no difficulty in holding that the evidence was sufficient to warrant the conclusion that appellee was an actual settler when he made his application, which renders it unnecessary to consider the evidence affecting the other…