Brinkley v. Smith

WILLIAMS, Associate Justice.

Appellee brought this suit to recover one hundred and twenty-six acres of land for which he had procured a patent from the State, as a homestead donation. Appellant claimed under an application for a survey of it ás a homestead donation, which was prior in date to that of appellee. The ground on which her claim was held in the court below to be inferior to that of appellee was that she was not, at the time she made her application and affidavit for a survey, and at the time appellee made his application, an actual settler on the land.

The facts in regard to…