Cunningham & Brummagim v. Harris

Murray, C. J., concurred.

The third instruction asked for by the defendant, and refused by the Court, is as follows:

“ That if the jury find that the plaintiffs sued (for the same cattle here in controversy) Bryan & Saunders, in the action, of which the record of this Court is in proof; and that said defendant holds under said Bryan & Saunders, then the judgment and record in said cause is a bar to this action against this defendant, and plaintiffs cannot recover.”

This instruction ought to have been given: It seems from the record that the origin of the controversy was the delivery to Bryan &…