MR. JUSTICE HOLMES delivered the opinion of the court.
This is an action of ejectment in which the defendant in error, the original plaintiff, recovered judgment for the land in suit in the Supreme Court of the District. The judgment was affirmed by the Court of Appeals, 23 App. D.C. 587, and the case was brought here.
There was a motion to dismiss upon the ground that it affirmatively appears from the record that the matter in dispute, exclusive of costs...
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