ERROR to the Circuit Court for the Northern District of New York. The case had been tried in the circuit court for the northern district of New York, on a writ of right, sued out by the demandant, the plaintiff in error, for the recovery of certain lands in the county of Oneida, in the state of New York. After various proceedings in the case, the court gave judgment for the tenant, and this writ of error was prosecuted by the demandant. The whole of the questions in this writ of error were the same with those presented to the supreme court in the case of Bradstreet v. Thomas, 12 Pet. 174. Jones, for the defendant, and plaintiff in error: and Beardsley, for the defendant; it having been agreed by them, that the judgment of the circuit court must be reversed, on the authority of the case of Bradstreet v. Thomas, 12 Pet. 174; they united in an application to the court to take up the case on the merits, in order to obtain the decision of the court upon the whole case; to be used in the circuit court on the trial of the cause, when it should be remanded under the order of this court.