Anderson v. Black

Atkinson, Justice.

(After stating the foregoing facts.) This case was assigned to the writer to present the opinion of the majority of the court. It does not represent the writer’s views, as will appear in a dissent attached hereto.

The controlling question is, whether a judgment based on a suit to recover damages for injury to land located in a county other than the county in which the suit was brought, and in which title was put in issue and passed upon, is conclusive in a subsequent ejectment suit involving the same land between the same parties in the county where the land in dispute is…