United States v. Maxwell Land Grant Co.
New Mexico Supreme Court
Ebbob, from a decree in favor of defendant, to the First Judicial District Court. The facts are stated in the opinion of the court. It is only where the same matters are directly and distinctly in issue that a decree or judgment becomes a bar in a subsequent suit. Richardson v. City of Boston, 19 How. 782; Bussell v. Place, 94 U. S. 606; Note to Lea v. Lea, 96 Am. Dec. 779, and cases cited.
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Ebbob, from a decree in favor of defendant, to the First Judicial District Court. The facts are stated in the opinion of the court. It is only where the same matters are directly and distinctly in issue that a decree or judgment becomes a bar in a subsequent suit. Richardson v. City of Boston, 19 How. 782; Bussell v. Place, 94 U. S. 606; Note to Lea v. Lea, 96 Am. Dec. 779, and cases cited. A decree in chancery must be construed in reference to the issue made in the prayer for relief, and other pleadings, and which these show it was meant to decide. Graham v. Bailroad Co., 3 Wall. 704.…
1Opinion of the CourtHenderson, J.
On the twelfth day of January, 1886, the plaintiff in error filed a bill in chancery in the First district, the object of which was to obtain a decree vacating and setting aside the patent issued by the United States on the nineteenth day of May, 1879, to Charles Beaubien and Guadalupe Miranda, and to set aside and vacate a survey made of the lands embraced in the patent situated in New Mexico, and to reinvest in the United States the title to the lands so covered by the survey and patent. The bill is founded upon alleged frauds committed by the claimant and others in making the survey,…
2Cases cited10 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Toland v. SpragueSupreme Court of the United States · 1838
- Northern Indiana Railroad Co. v. MICHIGAN CENT. RD. CO.Supreme Court of the United States · 1854
- Duncan v. DrakeleyOhio Supreme Court · 1840
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