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Smith v. McNeal, States for the western district of Tennessee to recover 40 acres of land The declaration described the land, and averred that the plaintiffs were possessed thereof, claiming in fee through a certificate of the United States district tax commissioners, naming them, under an act of congress entitled 'An act for the collection of taxes in insurrectionary districts within the United States and for other purposes,' and the acts amending the same, of January 1, 1865, and that after such possession accrued the defendants, on December 1, 1865, entered upon the premises and unlawfully withhold and detain the same, etc Two of the defendants, NcNeal and Caruthers, demurred to the declaration-First, because it did not sufficiently describe the property sought to be recovered; and, second, because it did not show that the plaintiffs were not citizens of the state of Tennessee so as to give the court jurisdiction of the cause On February 24, 1877, the court sustained the demurrer upon the ground that it had 'no jurisdiction of the cause of action in plaintiffs' declaration alleged and set forth,' and dismissed the suit Afterwards, on October 20, 1877, the plaintiffs in error brought the present suit against the same defendants in the same court to recover the same tract of land The declaration in this cause was identical with that in the former action, except that in this case the following averment was added: .
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