Thompson v. Lester

COLLARD, Judge.

We are of opinion that the court below was correct in holding that res adjudicata applies to the claim set up by appellants, the defendants below, to defeat the recovery of the a2>23ellee, and that there was no error in excluding the evidence of Heath or in charging the jury to find for jfiaintiff. The very issue sought to be established by Heath’s testimony, and by evidence admitted tending to show that Lester was not the owner of the land, was necessarily involved and adjudicated in the suit of Lester v. Gandy. In that suit the parties were all before the court. Lester asked…