Land v. Keirn

Citations

• 52 Miss. 341

Syllabus

<p>1. Judgment : Conclusiveness thereof.</p> <p>The general rule is that a judgment or decree is conclusive between parties and privies. It is conclusive both as to the law and fact in issue, and it is immaterial whether the final decision was rendered by a court of law or equity. It is conclusive, not only of the rights of parties in the particular suit, but of every fact which is affirmed positively or by necessary implication. But that the one or the other may become effective as a plea in bar, or, -where that is not admissible, conclusive in evidence, the fact must have been directly in issue.</p> <p>2. Samis: Same:</p> <p>A fact in issue is that upon which the plaintiff relies and avers a cause of action, and -which the defendant denies or admits by his pleadings. Collateral matters, which either party may offer in evidence to-estahlish the controverted issue or fact, are not facts in issue.</p> <p>3. DAE-crtra Babbit Treaty : Reservation thereunder.</p> <p>A reservation under this treaty separates the land reserved from the public lands, and operates as a grant to the reserve, which takes effect upon the particular parcel, when specified and located, as completely as if the treaty had assigned the particular parcel. The grant being complete in itself, a patent is unnecessary, and a patent which attempts to convey land previously reserved or appropriated is void.</p> <p>4. Same: Registry. Removal.</p> <p>The application to register satisfies the treaty, although the agent may fail to do his duty. In order to work a forfeiture by removal from the land within the five years, the removal must be voluntary and not forcible.</p>