Votaw v. Pettigrew

NEILL, Associate Justice.

Matilda Votaw, joined by her husband, Tom, brought this suit against J. M. Pettigrew and J. W. Wait-man in the form of trespass to try title to recover a one-sixth interest in an hundred and sixty acres of land. The cause was tried without a jury and judgment rendered for defendants, from which this writ is prosecuted.

Conclusions of Fact.—R. B. Vest with his wife, Mary Ann, in 1869, settled on the land in controversy which was then a part of the vacant, unappropriated public domain, and, on February 10, 1871, he'filed with the county surveyor his affidavit for its…