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DIXON v. DEWHURST

No. 06-04-00079-CV.

169 S.W.3d 515 (2005)

W.L. DIXON and A.W. Witcher, Appellants, v. David DEWHURST, Texas Land Commissioner, et al., Appellees.

Court of Appeals of Texas, Texarkana.

Decided August 4, 2005.

Attorney(s) appearing for the Case

Ben E. Jarvis, Newell S. Jarvis, Jarvis Law Firm, Tyler, for Appellants.

Dwight A. Brannon, Gilmer, Jeffee L. Martinez-Vargas, Austin, Thomas A. Zabel, Burns, Wooley, Marseglia & Zabel, LLP, Houston, for Appellees.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice CARTER.

A vacancy is "an area of unsurveyed public school land. . . ." TEX. NAT. RES.CODE ANN. § 51.172(5) (Vernon Supp.2004-2005); see Cockerell v. Taylor County, 814 S.W.2d 892, 894 n. 2 (Tex.App.-Eastland 1991, writ denied). A person discovering that a vacancy exists has the right, in certain circumstances, to lease or purchase the property at a price fixed by the proper state...

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