Smith v. McClain

STEPHENS, Associate Justice.

This suit was brought by appellee against appellant to recover four sections of school land in Kent County, and resulted in a judgment in her favor, from which this appeal is taken.

Appellant had previously sued appellee for the same lands, but was denied a recovery on the ground that the lands were under lease and therefore not on the market at the date of his application, the Supreme Court holding, on question certified from this court, that he could not avail himself of the waiver of the lease in favor of appellee. (Smith v. McClain, 96 Texas, 568, 7 Texas Ct.…