Finley v. Cathcart

Dissenting Opinion.

Howard, C. J.

(Dissenting.) — While agreeing with the greater part of what is said in the principal opinion, I yet find myself unable to join in the conclusion reached by the majority of the court as to the force and effect of the. decree rendered in the partition suit. That decree, as I think, was binding upon the appellant as well as upon all other parties thereto, and was a complete estoppel against any right on her part to bring this action to quiet her title to land there set off to appellee.

The appellant and the appellee, Daniel E. Cathcart, are children of William…