Weatherford v. McFadden

STEPHENS, Associate Justice.

Whether appellee or appellant had the superior right to purchase from the State fractional section 80 of school lands in Palo Pinto County was the question at issue in the trial of this case, appellee, the plaintiff in the action, holding the affirmative .of the issue.

This was made to depend mainly upon the question of fact whether or not, appellee was an actual settler when he made his original application to purchase, December 7, 1897. The jury found that he was, and that finding is conclusive here, since the following is the only complaint made of the verdict in…