Mahlon Pitney

“ Even less substantial is the suggestion that the language of section 25 of the Act of 1890 (26 Stat. 92) authorizing suit to determine the title to the tract 'lying between the North and South forks of the Red river,' etc., and the use of that phrase in the amended bill had the effect of excluding from the issue land south of the middle of the south fork. Upon so narrow an interpretation, the controversy might as well be confined to the upland between the forks, leaving the United States without claim to any part of the bed of the stream, if the south fork proved to be the river of the treaty. ”

“ In order to aid us in ascertaining whether the question of boundary location now at issue was settled by the decision and decree in the Greer County Case, the parties have stipulated that the entire record in that case, including pleadings, stipulations, testimony, briefs, and documents of every character, now on file in this court, and the orders and decrees of the court therein, are to be considered in evidence for all purposes. ”

“ The bill avers that by the third article of a treaty concluded February 22, 1819, and ratified and proclaimed February 22, 1821 (8 Stat. 252) , between the United States of America and the King of Spain, who had sovereignty over the territory now known as Texas, but then a part of Mexico, the boundary line between the two countries where formed by the Red river was established as following the south bank of that stream ”