COLEMAN, Justice.
In an action for trespass to land, or more accurately, trespass to mineral rights in land, the court sustained a demurrer to the complaint. Plaintiff took a voluntary nonsuit and appealed.
The complaint claims "for a trespass by the defendant on the following tract of land, viz:" (Description Omitted.) "the mineral rights thereunto belonging to the plaintiff, and for digging and removing sand and gravel from Tallaseehatche (sic) Creek bottoms...
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