Opinion of the Court. As was said by this court, when this case was brought here before, “The validity of an authority exercised under the United States is drawn in question; and where the final judg ment or decree in the highest court of a State in which a decision could be had is against its validity, jurisdiction exists in this court to review that decision on writ of error." U. S. 519; Rev. Stat. § 709. 147 The validity of the authority exercised by the defendants as officers of the United States depends, according to the decision in United States v. Lee, before cited, upon the question whether the United States had or had not a good title in the land. In United States v. Thompson, 93 U. S. 586, 588, Chief Justice Waite said: "Judgments in the state courts against the United States cannot be brought here for reëxamination upon a writ of error, except in cases where the same relief would be afforded to private parties." This dictum, in so general a form, is in danger of misleading; and it went beyond anything required by the decision of that case, in which the only issue understood to have been decided in the state courts was one of payment, and no authority under the Constitution, laws or treaties of the United States was set up and decided against. The United States are in the same condition as other litigants, in the sense that neither can invoke the jurisdiction of this court by writ of error to a state court, unless that court has decided against a right claimed under the Constitution, laws or treaties of the United States. But surely the United States have, and may assert, a right, privilege or immunity under the Constitution of the United States, which private parties could not have. We do not undertake to review the conclusions of the state court as to the effect of Mrs. Schwalby's disability under the statutes of limitations, or as to the delivery of the deed to McMillan, both perhaps depending, as has been seen, upon questions of fact. Dower v. Richards, 151 U. S. 658; Israel v. Arthur, 152 U. S. 355; In re Buchanan, 158 U. S. 31, 36. But, so far as the judgment of the state court against the validity of an authority set up by the defendants under the Opinion of the Court. United States necessarily involves the decision of a question of law, it must be reviewed by this court, whether that question depends upon the Constitution, laws or treaties of the United States, or upon the local law, or upon principles of general jurisprudence. For instance, if a marshal of the United States takes personal property upon attachment on mesne process issued by a court of the United States, and is sued in an action of trespass in a state court by one claiming title in the property, and sets up his authority under the United States, and judgment is rendered against him in the highest court of the State, he may bring the case by writ of error to this court; and, as his justification depends upon the question whether the title to the property was in the defendant in attachment, or in the plaintiff in the action of trespass, this court, upon the writ of error, has the power to decide that question, so far as it is one of law, even if it depends upon local law, or upon general principles. Buck v. Colbath, 3 Wall. 334; Etheridge v. Sperry, 139 U. S. 266; Bock v. Perkins, 139 U. S. 628. And see McNulta v. Lockridge, 141 U. S. 327, 331; Dushane v. Beall, 161 U. S. 513. The decision of the Court of Civil Appeals that the United States had notice of the deed to McMillan, and therefore had no title in the land, and judgment should be rendered against their officers for both title and possession, was a decision in matter of law against the validity of the authority set up by those officers under the United States; and as such was reviewable by this court, and, being erroneous, must be reversed. The proper form of the judgment to be entered by this court remains to be considered; and in order to ascertain this, it will be convenient to trace the history of the statutes and decisions upon that subject. Under the Judiciary Act of September 24, 1789, c. 20, § 25, a final judgment or decree in the highest court of a State in which a decision could be had might "be reëxamined and reversed or affirmed" in this court upon a writ of error, "in the same manner and under the same regulations, and the writ shall have the same effect, as if the judgment or decree com Opinion of the Court. plained of had been rendered or passed in a Circuit Court; and the proceeding upon the reversal shall also be the same, except that the Supreme Court, instead of remanding the cause for a final decision as before provided, may, at their discretion, if the cause shall have been once remanded before, proceed to a final decision of the same, and award execution." 1 Stat. 86. The qualification, "if the cause shall have been once remanded before," restricted only the power to proceed to a final decision and award execution in this court, and did not restrict the power of this court to reverse or affirm the judgment of the state court, as justice might require. Accordingly, in the leading case upon the subject of the appellate jurisdiction of this court from the courts of a State, this court, upon the first writ of error to the Court of Appeals of Virginia, not only reversed the judgment of that court, but affirmed the judgment of the inferior court of the State, which had been reversed by the Court of Appeals, and issued its mandate to the Court of Appeals accordingly; and, upon that court declining to obey the mandate, this court, upon a second writ of error, rendered judgment in the same terms as before. Fairfax v. Hunter, 7 Cranch, 603, 628; Martin v. Hunter, 1 Wheat. 304, 323, 362. The act of February 15, 1867, c. 28, § 2, revising the subject, omitted the qualification "if the cause shall have been once remanded before," and put the last clause of the section in this form: "and the proceeding upon the reversal shall also be the same, except that the Supreme Court may, at their discretion, proceed to a final decision of the case, and award execution, or remand the same to an inferior court." 14 Stat. 386. The sections of the acts of 1789 and 1867 are printed side by side in 17 Wall. 681, 682. In Maguire v. Tyler, this court, at December term, 1869, adjudged that a decree in equity of the Supreme Court of Missouri be reversed, and the case remanded with directions to enter a decree affirming the decree of an inferior court of the State; but, upon motion of counsel, modified its judgment so as to remand the cause for further proceedings in conformity to the opinion of this court, and declared this to "be more Opinion of the Court. in accordance with the usual practice of the court in such cases." 8 Wall. 650, 658, 662. The Supreme Court of Missouri, after receiving the mandate of this court, entered a decree dismissing the suit because there was an adequate remedy at law; and thereupon this court, at December term, 1872, upon a second writ of error, entered judgment here, reversing that decree, with costs, and ordering a writ of possession to issue from this court; and, speaking by Mr. Justice Clifford, after referring to the difference between the provisions of the acts of 1789 and 1867, said: "Much discussion of those provisions is unnecessary, as it is clear that the court, under either, possesses the power to remand the cause or to proceed to a final decision. Judging from the proceedings of the state court under the former mandate, and the reasons assigned by the court for their judicial action in the case, it seems to be quite clear that it would be useless to remand the cause a second time, as the court has virtually decided that they cannot, in their view of the law, carry into effect the directions of this court as given in the mandate. Such being the fact, the duty of this court is plain, and not without an established precedent." 17 Wall. 253, 289, 290, 293. The precedent referred to was Martin v. Hunter, above cited. Section 2 of the act of 1867 was substantially reënacted in Rev. Stat. § 709. By the act of February 18, 1875, c. 80, entitled "An act to correct errors and to supply omissions in the Revised Statutes of the United States," section 709 of the Revised Statutes was amended by striking out this provision: “and the proceeding upon the reversal shall be the same, except that the Supreme Court may, at their discretion, proceed to a final decision of the case, and award execution, or remand the same to the court from which it was so removed." 18 Stat. 318; Rev. Stat. (2d ed.) p. 133. The repeal of this provision may not have revived that provision of the act of 1789 which had been superseded by the act of 1867. Rev. Stat. § 12. But it did not affect the general power, conferred by section 709 of the Revised Statutes, as by all former acts, by which the judgment of the state court may be "reëxamined and reversed or affirmed" by this Opinion of the Court. court, and in the exercise of which this court, in Fairfax v. Hunter, and Martin v. Hunter, above cited, ordered the proper judgment to be entered in the state court. Under the statutes and practice of the State of Texas, the appellate court, upon a statement of the case certified by the judge, may, as the Supreme Court and Court of Civil Appeals did in this case, and as this court does upon a finding of facts by the Circuit Court of the United States in cases tried by the court upon a jury being duly waived, render such judgment as should have been rendered by the court below. Texas Rev. Stat. § 1048; Stat. April 13, 1892, c. 14, § 1; c. 15, § 36; McIntosh v. Greenwood, 15 Texas, 116; Creager v. Douglass, 77 Texas, 484; Fort Scott v. Hickman, 112 U. S. 150, 165; Cleveland Rolling Mill v. Rhodes, 121 U. S. 255, 264. In the present case, the previous course of the proceedings has been such as to make it proper that the usual practice, by which, upon reversing a judgment of the highest court of a State, the case is remanded generally for further proceedings not inconsistent with the opinion of this court, should be departed from; and that this court should instruct the state court to enter a judgment finally disposing of the case. The Supreme Court of Texas, after the first trial, held that the United States were not a party to the action, and dismissed it as to the United States; but held that the United States were not innocent purchasers for value, and denied to the United States and their officers the benefit of the statutes of limitations, and therefore gave judgment for the plaintiffs against those officers. This court, upon the first writ of error, reversed that judgment, and, assuming the statutes of limitations to afford a conclusive defence, refrained from considering the case upon its merits, and remanded it for further proceedings in the courts of the State. The case was then submitted to the inferior court of the State of Texas, and to the Court of Civil Appeals, upon the same facts as before; and the Court of Civil Appeals, held that the United States were a party to the action, thereby in effect overruling the former judgment of the Supreme Court of the State; and decided, upon evidence wholly insufficient in law, that the |