Garrett v. Butler

On Second Rehearing.

Appellants vigorously attack the ruling that the judgment in cause No. 7493 was res judicata of the superiority pf the attachment lien to Butler’s title. The general rule, of course, is that parties defendant to a judg-. ment are not bound- by it in subsequent controversies between each other, 'unless by cross-pleadings tliey became adversaries in the action in which the judgment was rendered. This rule, however, is not without its exceptions. 15 R. C. L. 1013, Sect. 487; note 27 L. R. A. (N. S.) 650. In our opinion this case is an exception.,(5] The deed from Garrett and…