Baker v. Smith

OPINION

MASSEY, Chief Justice.

The major question determinative of the correct disposition of this case is whether plaintiffs are to be foreclosed, under the doctrine of res judicata, from claiming title to real estate as the result of cer tain action in a former suit upon their motion for judgment nunc pro tunc — made for the purpose of amending and correcting a judgment previously entered. In the prior case the defendant (in the instant case) was co-plaintiff with those who are present plaintiffs.

Smith v. Baker, 380 S.W.2d 725 (Waco Civ.App., 1964, writ, ref., n. r. e. at 383 S.W.2d 570),…