Spencer v. Lapsley
Supreme Court of the United States
This case was brought up, by writ of error, from the Circuit Court of the United States for the eastern district of Louisiana. It was an action of trespass to try title, brought by Lapsley against Spencer, originating in the District Court of the United States for Texas, which sat at Galveston, thence removed to the District Court which sat at Austin, and thence removed to the Circuit Court of the United States for the eastern district of Louisiana.
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This case was brought up, by writ of error, from the Circuit Court of the United States for the eastern district of Louisiana. It was an action of trespass to try title, brought by Lapsley against Spencer, originating in the District Court of the United States for Texas, which sat at Galveston, thence removed to the District Court which sat at Austin, and thence removed to the Circuit Court of the United States for the eastern district of Louisiana. The narrative of the facts of the case, and of the points which successively arose upon the trial, is fully given in the opinion of the court;…
1Opinion of the CourtJustice Campbell
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…
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