Gila Bend Reservoir and Irrigation Company v. Gila Water Company

Citations

• 205 U.S. 279
• 27 S. Ct. 495
• 51 L. Ed. 801
• 1907 U.S. LEXIS 1395

Syllabus

<p>Petition for rehearing in GUa Reservoir Co. v. Gila Water Co., 202 U. 8. 270, denied. ■ ■</p> <p>The failure to make a defense by a party who is in court is, generally speaking, equivalent to making a defense and-having it overruled; and where the question of the jurisdiction of a court in a particular case over .property in its actual possession was not presented in that court, the appellant cannot, in this court, question the power of that court to order a sale of the property or the title conveyed to the purchaser.</p>