Yoacham v. McCurdy & Daniels

On May 1, 1894, appellant made actual settlement upon the 116 acres of land involved in this suit, in all particulars complying with the law conferring upon the head of a family the right to acquire a homestead upon unappropriated public lands. He was evicted therefrom by appellees, claiming to own the land as a part of the C. O'Connor survey, of which appellees were the owners, and appellant thereupon instituted this suit.

As claimed by appellant the land in controversy constitutes part of the unappropriated public domain of Texas situated between the O'Connor 320-acre survey on the west and…