Texas Supreme Court November 9, 1899, No. 828. (Willoughby v. Townsend)

WILLIAMS, Associate Justice.

Under the verdict of the jury and the findings of the Court of Civil Appeals, it must be taken as established that defendant in error, who was plaintiff below, was an actual settler upon the section of school land for the recovery of which he sued, when he applied to purchase it on January 13, 1897; and that plaintiff in error, defendant below, was not such a settler