Farrar v. Clark

The questions in this case arise on the ruling denying appellant a new trial.

The trial court admitted in evidence a record of a suit for partition instituted by the appellees against the appellant, wherein the land in dispute was the same as that here in controversy; there was, therefore, an identity of parties and property. In the partition suit a counter-claim was filed by the appellant, asserting title and asking that it be quieted. The case came to this court by appeal, and in the course of the opinion it was said: “As between the appellees and appellant, the action is simply to quiet the…