Strong v. Delhi-Taylor Oil Corporation

OPINION

NYE, Justice.

This is a vacancy suit. Appellant filed suit in the District Court of Hidalgo County, Texas alleging that there is in existence vacant and unsurveyed public free school land constituting a vacancy within the meaning of Article 5421c, Vernon’s Ann.Civ. St. The proceedings in the district court were instigated by the appellant following the order of the Texas Land Commissioner who had determined that “no vacancy” existed on the lands in question. The Commissioner appointed a licensed state land surveyor in accordance with the law to survey the land in question. At the…