MR. JUSTICE BROWN, after stating the case, delivered the opinion of the court.
But a single error is assigned to the action of the court below, and that is to the charge that defendant was liable to the plaintiff for the value of the use and occupation of the plaintiff's land, if he had in the common enclosure more cattle than were sufficient to consume the grass on the lands leased of the State of Texas by the defendant.
The defendant, upon the contrary,...
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