Thomas v. Wolfe

WILLIAMS,

Associate Justice.—Appellee instituted this suit for the purpose of securing a cancellation of a contract between appellant and the State, under which appellant had purchased, without actual settlement, but as being isolated and detached from other public lands, a section of school land, and to establish his (appellee’s) own claim to the same land arising from an actual settlement upon and application to purchase it, made in compliance with the law. Appellee’s claim is admitted to be junior in date to that of appellant, but is asserted to be the better one, for the reason alleged…