Mr. Justice SWAYNE delivered the opinion of the court.
We are met at the threshold of the investigation by the proposition, on the part of the defendant in error, that this court has no jurisdiction of the controversy between the parties, and that the case must be dismissed.
The defendant in error holds the lands in controversy by the right of preëmption, under the laws of the United States; and it is admitted that his title is valid and must prevail...
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