THIS case was brought up by writ of error from the District Court of the United States for the eastern district of Texas.
The case is stated in the opinion of the court.
It was argued by Mr. Hughes for the plaintiff in error, and Mr. Phillips for the defendants.
Mr. Hughes tried to avoid the effect of the case of Smith v. Power, 14 Texas, 147, which decided that the grant was within the littoral leagues, and therefore void, by referring to a statute of Texas, (Hartley's Digest, article 3, p. 221,) by virtue of which the record of that case could not have been maintained if it had been pleaded in bar in the present case.
The arguments upon the merits of the case are omitted.
Mr. Justice CAMPBELL delivered the opinion of the court.