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BUTLER v. SADLER

No. 86.

399 S.W.2d 411 (1966)

Ruby Hermon BUTLER, Independent Executrix, et al., Appellants, v. Jerry SADLER, Commissioner of the General Land Office, et al., Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied February 24, 1966.

Attorney(s) appearing for the Case

Graves, Dougherty, Gee & Hearon by Robert J. Hearon, Jr., Austin, for appellants.

Waggoner Carr, Atty. Gen., by J. Milton Richardson, Austin, W. G. Winters, Jr., Houston, for appellees.

NYE, Justice.

This is a vacancy suit. Appellants filed suit in the district court of Cameron County, Texas, alleging that there is in existence in that county vacant, unsurveyed public school lands as described in their pleadings. The proceeding in the district court filed by the appellants was an appeal from the order of the Texas Land Commissioner who had determined that "no vacancy" could possibly exist on the lands in question. In appellants' suit they allege...

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