(DOWNLOAD) "Eliphas Spencer, Plaintiff in Error v. John W. Lapsley" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Eliphas Spencer, Plaintiff in Error v. John W. Lapsley
- Author : United States Supreme Court
- Release Date : January 01, 1857
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
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 citizenship of the parties is not specifically averred. 3d. There is no endorsement on the petition, as the statutes of Texas require. With this demurrer, an answer containing pleas of not guilty, the statute of limitations, and that the plaintiff claims under a grant with conditions, and that the grant is fraudulent, and the conditions were not performed, was filed. Subsequently to the act of Congress of 3d March, 1851, (9 Stat. at L., ch. 32, sec. 6, p. 618,) this cause was transferred to the District Court of Texas, held at Austin. No order of the court appears for this transfer, and it is presumed it was done by attorney. At defendants appeared to the cause at Austin, by attorney. At the November term of that court, in 1854, the following order was made by the District Court: