Legal Opinion

Willoughby v. Townsend

Texas Supreme Court

Decided November 9, 1899No. 828PublishedCited by 26 opinions

Ebbob to the Court of Civil Appeals for the Third District, in an appeal from McCulloch County. Townsend sued Willoughby in trespass to try title, and recovered. Defendant appealed, and on affirmance obtained writ of error.

1Opinion of the Court

WILLIAMS, Associate Justice.

Under the verdict of the jury and the findings of the Court of Civil Appeals, it must be taken as established that defendant in error, who was plaintiff below, was an actual settler upon the section of school land for the recovery of which he sued, when he applied to purchase it on January 13, 1897; and that plaintiff in error, defendant below, was not such a settler when he applied on January 12, 1897. From this it follows that if defendant in error, in making his application, complied with all of the requirements of the law governing it, he was entitled to the…

2Cited by26 opinions

  1. Shell Oil Co., Inc. v. HowthTexas Supreme Court · 1942
  2. Erp v. TillmanTexas Supreme Court · 1910
  3. Ruffner Bros. v. Dutchess InsuranceWest Virginia Supreme Court · 1906
  4. Erp v. RobisonTexas Supreme Court · 1913
  5. Williams v. Safety Casualty Co.Court of Appeals of Texas · 1936

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