Morgan v. Calliham

DREW, Judge.

Plaintiff instituted this suit, which was a petitory action; and in the alternative prayed that, in the event the court should find his action, based upon his alleged title, not good, it fix the boundary line between his property and that of defendant.

Defendant filed a plea of res judicata, based upon a judgment rendered in a former suit between the same parties, involving the same land, in which case the demands of plaintiff were rejected and no appeal perfected from said judgment.

■The lower court sustained the plea of res judicata and ordered plaintiff’s suit dismissed, at his…