Eastin v. Ferguson

WILLIAMS, Associate Justice.

This is an action of tresspass to try title, brought by appellant, to recover a section of land designated as number 14, in Orange County, located and surveyed as public school land by the Texas & New Orleans Railway Company. Defendant pleaded “not guilty.”

Both parties claim through purchases from the State, under facts developed in the trial below, as follows:

Appellant, without having settled on the section, made application to the Commissioner on the 29th day of August, 1892, to purchase it at the price which had been fixed for it, tendering one-fortieth of such…