Vaughn v. Thomas

In this land partition suit, the trial judge found that the subject 40 acres of land jointly owned by the parties could not be equitably partitioned in kind among all the parties; he ordered it sold for division.

Two basic issues are presented:(1) Was a former action involving the same land res judicata?(2) Was there evidence to support the trial court's finding that the land could not be equitably divided?

The subject tract was originally owned by Joe Johnson and his wife, Gladys. Gladys died in 1935. Joe Johnson remarried. His second wife, Lou, is also deceased.

In 1968, Joe Johnson, a…