Smith v. McCool - 83 U.S. 560 (1872)
U.S. Supreme Court
Smith v. McCool, 83 U.S. 16 Wall. 560 560 (1872)
Smith v. McCool
83 U.S. (16 Wall.) 560
Where in ejectment a special verdict has been found and judgment entered on it in the court below for the plaintiff, which judgment, in an appellate court, is set aside with directions to enter judgment for the defendant, the special verdict cannot, on the plaintiff's bringing a second ejectment upon a subsequently acquired title, be used to establish a fact found in it, as ex. gr. the heirship of one of the parties under whom the plaintiffs claimed.