De Shazo v. Eubank

Eubank filed this suit January 22, 1915, against Maria, Donald, and Kenneth De Shazo, to remove cloud from title to survey No. 218, S. F. No. 7088, H. M. Mundy, grantee, containing 160 acres, situate in El Paso county. Defendants pleaded not guilty, and filed a cross-action asserting title in themselves. Upon trial before a jury a peremptory instruction was given in plaintiff’s favor, in accordance wherewith verdict was returned and judgment rendered.

On May 5,1908, the land in controversy was public free school land, and by application of that date, filed in the general land office May 18,…