Stephens v. Porter (29 Tex. Civ. App. 556, 1902)

HUNTER, Associate Justice.

This suit of trespass to try title was brought by appellee on the 25th day of November, 1899, to recover section 58, block 18, public school land in Hall County. The appellant pleaded not guilty. The case was tried by a jury, who found a verdict for appellee upon which judgment was rendered, and therefrom this appeal was taken.

The facts are substantially as follows: On September 3, 1897, Porter was an actual settler on the section involved and was in every respect eligible to purchase it from the State. It was on the market as dry grazing land at $1 per acre. On the date aforesaid he made out and swore to his application to purchase same and sent it by mail to the Commissioner of the General Land Office, at Austin. On the back of it is found this indorsement: