( 204 )
not quite correct. It began by a recital that “ this action comingAugust 12. “ on for fiixal disposal, &o.” It is not an action, but an application.
Bonseb,0.J. Then it proceeds “It is ordered, declare^ and decreed that
“ the petitioneris entitled to the portion of land therein
“ described.” That is incorrect. The words “ declared and“ decreed ” are inappropriate. The order should be “ that the“ petitioner be restored to the possession of the portion of land“ &e.” The decree should go back to the District Judge to bere-formed in the manner I have pointed out, but subject theretoit is affirmed.
Withebs, J.—
I have no doubt whatever about the meaning of section 328.The words appellant’s counsel relied on were introduced byway of analogy. The nature of the dispute in this case is, who isentitled to the immediate possession, and that is the question tobe determined.