Schwarz v. McCall

GAINES, Chief Justice.

In this case, the Court of Civil Appeals for the Second Supreme Judicial District have certified the following statement and question:

“The land in controversy is school section 106, block 3, in Fisher County, within a radius of five miles of section 130 in the same block. The Commissioner of the Land Office awarded it to appellee upon his application to purchase made September 3, 1897, not as an actual settler, but as a bona fide purchaser of said section 130 from Andy Scott, who had purchased it from the State as an actual settler under the Act of 1883, and who had…