Joseph McKenna

“ The interest that the Spokane & Palouse Railway Company derived from Powers was of the right of way, which is now claimed by plaintiff in error. In other words, plaintiff in error, as successor of the Spokane & Palouse Railway Company, again asserts title to the very property that was the subject of the other suit, the source of title, only, being different. If this may be done, how often may it be repeated? If defeated upon the new title, may plaintiff in error assert still another one, either in its predecessor or in itself, and repeat as often as it may vary its claim? ”

“ The act of Congress of 1875 and the statute of limitations are independent defenses, and, being so, the latter comes within the rule announced. Of course, if the act of Congress of 1875 was a grant of the right of way in proesenti, 'conveying a good title when the road was completed,' as contended, it needs no aid from the statute of limitations, and would be an effectual defense if it were not barred by the judgment which we have considered. ”

“ The amended complaint, which is made part of the findings, averred that the patent to Slaght was 'issued under a misconstruction and misinterpretation of the law,' and that, at the date of the issuance of said patent, the land was not, nor was it at the time he applied to enter the same, public land, subject to settlement or entry under the land laws of the United States, other than the act of Congress approved July 2, 1864 [13 Stat. at L. 365, chap. 217] , granting land to the Northern Pacific Railroad Company. ”