WAGGONER v. FLACK

No. 28.

188 U.S. 595 (1903)

WAGGONER v. FLACK.

Supreme Court of United States.

Decided February 23, 1903.


Attorney(s) appearing for the Case

Mr. W.W. Flood for plaintiff in error.

No appearance for defendant in error but Mr. C.K. Bell, attorney general of the State of Texas, and Mr. T.S. Reese filed a brief as to the rights of the State.


MR. JUSTICE, PECKHAM, after making the foregoing statement of facts, delivered the opinion of the court.

Referring to the facts in this case, it is seen that the question arising is as to the right of the State to proceed under the act of 1897 to forfeit the lands held by the plaintiff in error for non-payment of interest.

At the time when the land was purchased by Phillips in November, 1885, the act of 1883 as amended by the act of February 16, 1885, was...

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