United States v. California & Oregon Land Co., 192 U.S. 355 (1904)

United States v. California & Oregon Land Company


Nos. 4-5


Argued March 14, 17, 1902
Reargued December 9, 10, 1902
Reargued January 5-7, 1904
Decided February 1, 1904
192 U.S. 355

APPEALS FROM THE CIRCUIT COURT OF THE UNITED
STATES FOR THE DISTRICT OF OREGON

Syllabus

A decree rendered upon a bill in equity brought under the Act of March 2, 1889, 25 Stat. 850, to have patents for land declared void as forfeited and to establish the title of the United States to the land is a bar to a subsequent bill brought against the same defendants to recover the same land on the ground that it was excepted from the original grant as an Indian reservation.

As a general rule, a party asserting a right to suit is barred by a judgment or decree upon the merits as to all media concludendi or grounds for asserting the right known when the suit was brought.

The general rule is, where a bill is dismissed, to dismiss the cross-bill also.

The facts are stated in the opinion of the Court.