Smith v. Decker

CLAY, Commissioner.

This suit was brought by plaintiff appel-lees to establish title to a one-half interest in certain land claimed by defendant appellants. The sole issue was whether, under the doctrine of res judicata, the plaintiffs were barred from asserting their rights. *489The Chancellor denied defendants’ plea and found for the plaintiffs.

Herman and Jane Decker, husband and wife, were joint owners of the tract involved. Jane died intestate in 1945 and Herman died intestate a year later. Since the deed by which they held title did not contain a survivorship clause, their one-half interests…