Mr. Justice CAMPBELL delivered the opinion of the court.
The defendant in error, Lapsley, commenced this suit in January, 1851, in the District Court of the United States for Texas, against the plaintiff in error, Spencer, to recover a parcel of land, and damages for the ouster he had suffered. At the April term of the court, 1851, the defendant appeared and demurred to the petition, assigning — 1st. The description of the premises is insufficient. 2d. The...
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