Lee v. Kingsbury
Texas Supreme Court
Appeal from Bexar. Action of trespass to try title, by appellee against appellants, to a lot of ground in the city of San Antonio, containing fourteen acres.
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Appeal from Bexar. Action of trespass to try title, by appellee against appellants, to a lot of ground in the city of San Antonio, containing fourteen acres. One-half of the lot had been conveyed by the defendants to the plaintiff on the third day of December, 1851. On the tenth day of December, 1852, the defendants sued the plaintiff, alleging that the lot was the separate property of the wife and that the deed, though absolute on its face, was a mortgage, and praying for leave to redeem, &o. The plaintiff admitted the facts alleged, and there was a judgment in the usual from in his favor…
1Opinion of the CourtWheeler, J.
The errors assigned, which it is material to consider, are 1st. The ruling of the Court sustaining the demurrer to the answer. 2nd. The rejection of evidence proposed by the defendant; and 3rd. Insufficiency of the evidence to support the verdict.
The answer of the defendants sought to bring again in litigation in this suit, matters which had been finally adjudicated and determined in a former suit between the same parties. It is an elementary principle, which does not require the support of argument or authority, that the judgments of a Court of competent jurisdiction are revisable only in an…
2Cited by35 opinions
- Nichols v. DibrellTexas Supreme Court · 1884
- Inge v. CainTexas Supreme Court · 1885
- Bleakley v. BarclaySupreme Court of Kansas · 1907
- National Bank of Commerce v. KenneyTexas Supreme Court · 1904
- Wiener v. ZweibTexas Supreme Court · 1912
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