State v. Sun Oil Co.

BAUGH, Justice.

This is a vacancy suit. The land involved is in the Conroe oil field in Montgomery county. The State sued numerous parties to recover 331 acres as unsurveyed public domain belonging to the public free schools. Trial was to a jury, but at the close of the evidence the trial court instructed a verdict for the defendants, and rendered judgment accordingly; from *938which the State, and cross-plaintiffs, who asserted priority of rights to a mineral lease on the lands, have appealed.

The ultimate issue in the case depends upon the proper location on the ground of the John- Bricker and R.…