Page:Federal Reporter, 1st Series, Volume 7.djvu/418

 406 FBDEBAL BEPOBTEB. �leave was granied to them to file several pleas in bar to the bill. The pleas filed were as follows : �1. A plea by the defendant company in bar of so much of the bill as prays for a rescission, settingforth the proceedings in the action in the United States circuit court for the south- em district of New York, against both Park and Baxter, to recover damages for deeeit upon their part in the sale of the mine set forth in the present bill, the verdict and judgment therein in their favor, and claiming that all questions of fraud, artifice, device, misconduct, or deeeit involved in this suit have been adjudicated in that action, and that, by reason of the fact that Park and Baxter were its agents, defendant company is entitled to the benefit of that adjudication, and that the same is a bar to the cause of action for rescission set iorth in the bill. �2. Three pleas of the defendant Park, which are in sub- stance as follows : (a) The arst plea sets up the proceedings in the action brought against Park alone by complainant company, in this court, to reeover damages upon the individ- ual guaranty by Park of the title to the mine and the quan- tity of ore, and the recovery of judgment in his favor in that suit, and alleges that all the questions involved in this suit were adjudicated therein. (&) The second plea is addressed to that portion of the bill referring to the Illinois Tunnel notes. It alleges that Park bas recovered judgment in the district court of the third judicial district of Utah upon said notes against the complainant company. (c) The third plea is addressed to that portion of the bill referring to the alleged cash advances made by Park. It alleges that Park bas re- covered judgment in the same court of Utah against the com- plainant company for the amount of sueh advances, and that under execution issued on such judgment the mine bas been sold and bought by the defendant Lincoln in behalf of Park, and that the judgment bas been satisfied by application thereto of the proceeds of the sale on execution. �3. Three joint pleas of the defendants Park and Baxter, setting up the proceedings in the aforesaid action for deeeit, brought by complainant against them in the United States ��� �