Gila Bend Reservoir Co. v. Gila Water Co. - 205 U.S. 279 (1907)

U.S. Supreme Court

Gila Bend Reservoir Co. v. Gila Water Co., 205 U.S. 279 (1907)

Gila Bend Reservoir and Irrigation Co. v. Gila Water Company

No. 22 of October term, 1905

Petition submitted October 9, 1906

Decided April 8, 1907

205 U.S. 279

Syllabus

Petition for rehearing in Gila Reservoir Co. v. Gila Water Co., 202 U. S. 270, denied.

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.

The facts are stated in the opinion.