Barton v. National Land Co.

The opinion of the court was delivered by

Brewer, J.:

But a single question is presented for examination in this case, and the facts upon which it arises are few in number and undisputed. In March, 1879, defendant commenced an action of ejectment, in the circuit court of the United States, against the plaintiff, to recover possession of ■of one half-section of land in Dickinson county. Judgment was entered by default at the June term, 1879, and the plaintiff dispossessed of the land by process under such judgment. Thereafter he’commenced this independent action in the district court of…