Holladay

The question involved in this action is the precise question that was involved in the action brought in the year 1863, in the late fourth district court, by the same plaintiff against the same defendant; that is to say, the alleged dedication by the lawful owner and proprietor thereof, prior tó the year 1863, to public use as a public square by the name of “Lafayette Park,” of the lots of land in controversy. In the former action, after trial, it was, on the eleventh day of *439 July, 1864, solemnly adjudged that no such dedication was ever made or suffered, hut that, on the contrary, the property in question was, at the time of the commencement of that action, and at the time of the trial thereof and judgment therein, the private property of the defendant, Holladay, free and clear of any and all dedication whatsoever. That judgment, being the judgment of a court of concurrent jurisdiction directly upon the point, is conclusive as respects the same matter now again directly in question between the same parties. The correctness of the position of the learned counsel for the appellant in regard to the effect of the act of Congress of July 1, 1864, may be conceded, and yet it does…