Dale v. McClung

This is an action brought in the district court of Ellis county by Floyd C. Dale against Henry C. McClung to recover damages because of the alleged trespass made by defendant upon the premises of plaintiff, and the removal of improvements therefrom. Defendant defended on the ground that the land upon which the improvements were placed was state school land and that he purchased the same from the School Land Commissioners. At the conclusion of the evidence, the trial court directed a verdict in favor of defendant. Plaintiff assigns this ruling as error.

The evidence shows that the land was…