Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-03-17
COURT OF APPEALS.
Full Text Of Decisions Rendered In tho For
Worth District
No. 100. William y. Iiltson. appellant vs.
Walter a. Glascock, appellee. Appeal
from Fisher county.

No. 100 William u. Hltson. appellant, vs..
Walter a. Glascock, appellee. Appeal
from Fisher county.
CONCLUSIONS.
From the conclusions OF fact. which we
adopt there being no statement OF facts,
n uppcnrH that la the year 1890, appellee
mnde application tn purchase "a section OF
school land in Fisher county nH ma actual
settler the land being clussvd as uplcul.
turul and accompanied hla application with
1881 that hr had settled On the land. A
similar proceeding had been uaururutei
m the name Of his mother Ia 1855 who
thereafter Joined by her husband. trans.
ferrcd her claim 10 HIN. These apnnch.
lions accompanied with tllu proper Ohlipu.
tions were accepted Ia succession by The
commissioner Of the land office ana thp
required payments of Interest were duly
made Neither Of snld parties had nt the
dates OF these applications or at any other
time settled on The iaud but were then
az well az up 10 the time " the. trial liN,
ing ON section No. bs, spycn miles from the
land ia question. Afler these applications
had been made appellant went into th,
actual possession u the land and settled
upon Il IN good faith nH provided Ia the
act of 1887. ana August 1870, forwarded
20 The general land office his application,
ahiioyit nn1 obligation ahd partial pay
rutnt, M required by said aei Of 1881 81
purchase the land as ga ngtunl settler,
which were refused Nv ebe commissioner "
general land Office Thereafter this suit
the court found that he was an actual set.
tier IN good faith az The time Of the trial
ana had been since the lath day OF July
1880, judgment was entered IN favor 0i
appellee from which this appeal Is prose
10 The ease OF MotIr Va. Johnson. decld.
ed by ~ at q former day ~ the term ca
3 W, Rep. ili0l the question hare sub.
Wttpd WIS passed upon lt addition to
what ~ there said. we VIII Oulg udd TINT
according iO our construction ~ the net
" 1881 providing for the sale of lands Set
apart Tor the benefit ~ The public free
school fund.- ag the land was not subject
iD sale Ga The absence ~ an actual settler.
the commissioner had no power 10 accept
o purchaser fOr the land ln controversy 30
long as u remained vacant SUD uu0ceupipd.
The condition dld not obtain which auth0n.
zcd him 90 net until appellant settled upon
the land. Under law empowering fne
cato ~ land where original has been inst
0r destroyed, N % hns hecu decided That
his power 90 Issue iho duplicate rests upon
the fact that an original certificate once
existed and not upon one evidence ~ iia
original cgiatance and loss ana hon V that
q duplicate issued whore no original pfnr
existed couferu uO wight Whnteyer Guntrr
ami MuUeOn Ys Meade and n1mar. 10
Texas O3s The AFFIDAVIT VI appellee ua
required hg section p ~ lhn act IN 1871
thar be had IN good faith settled on the
iAnd when in fact b. did upfl did not. em.
power NE epmuissiong TO nell tho llni
i0 lilm or anybody else necgnHe ne pro-
lded DO enect in seciiOn . The land was
not subject 90 sale until mere was Ia fact
nu achinl settler uu 30
The judgment aiii be. rpVnffcd ana here
rendered Tor appellant eiLlHkNs
Ass}ciate Justice,
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