Legal Opinion

Willoughby v. Townsend

Court of Appeals of Texas

Decided May 18, 1898PublishedCited by 3 opinions

Appeal from McCulloch. Tried below before Hon. J. 0. Woodward. The affidavit accompanying the application of appellee Townsend for purchase of the land in controversy stated that, The objection to the sufficiency of this affidavit urged by appellant was: The application to purchase should have been accompanied by the affidavit of the applicant, in effect that he desired to purchase the land for a home, and had in good faith settled thereon.

1Opinion of the Court

FISHEE, Chief Justice.

This was an action of trespass to try title, filed March 15, 1897, by W. A. Townsend, appellee, against D. B. Willoughby, appellant, for 640 acres of landt in McCulloch County, Texas, known as the Galveston, Houston & Henderson Eailway Company school section Ho. 228, certificate Ho. 32-246.

Appellant and appellee both made applications to the Commissioner of the General Land Office to purchase the land under the Acts of 1895, as actual settlers on the land, appellee’s application being at $1 per acre, and filed in Land Office January 13, 1897, and appellant’s being at…

2Cited by3 opinions

  1. Bering Manufacturing Co. v. FemelatCourt of Appeals of Texas · 1904
  2. Webster v. International & G. N. Ry. Co.Court of Appeals of Texas · 1917
  3. Thomson Bros. v. HubbardCourt of Appeals of Texas · 1899

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