Mr. Justice SWAYNE stated the case, and delivered the opinion of the court.
John Butler had an inchoate title derived from the Spanish government, acting through its authorized agents. Upon this subject there is no controversy between the parties. It is the common source of the derivative titles upon which they severally rely.
On the 23d of July, 1801, Butler entered into an agreement with James Bankston to the following effect:
Butler leased the land...
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