Russell v. Houston

This was an action of ejectment brought in the chancery court of Cocke county to recover a tract of land described in the pleadings. The right to recover was based upon two grounds, but we need consider only one of them here, viz.; that, when the present suit was brought, the controversy had already been, concluded by a decree in a prior litigation between the same parties, or their privies, in the case of Peck et al. v. Elza Houston et al., in the same court.

The chancellor decreed in favor of the complainants, and on appeal this decree was affirmed by the court of chancery appeals. Prom the…