| Summary: | This is an action of trespass to try title brought by the appellant, who claims under locations made by him July 15, 1884, under which surveys were made September 19 of same year, which with the certificates were filed in the general land-office, September 18, 1885. The certificates were valid, and owned by the appellant ... The leading question arising on the facts is whether, the land being covered by the patent to Barrett when Winsor made his files and surveys, they fell within the prohibition contained in "575 section 2, art. 14, of the constitution. By that section of the constitution it is provided, among other things, ‘that all genuine land certificates heretofore or hereafter issued shall be located, surveyed, or patented only upon vacant and unappropriated public domain, and not upon any land titled, or equitably owned under color of title, from the sovereignty of the state, evidence of the appropriation of which is on the county records or in the general land-office, or when the appropriation is evidenced by the occupation of the owner, or of some person holding for him."--From Westlaw.
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