Barbee v. Stinnett

West, Associate Justice.

This is a second suit between the same parties. The object of each suit was the same. The title of each in both suits was admitted to be good. The evidence disclosed, and it was in fact practically conceded on all hands, that the only question in dispute was as to the true boundary line between the parties.

The character of this action, in which the title of each party is admitted, and the suit has no other object than merely to determine the division line between them, has been passed on and determined by this court.

In Spence v. McGowan, 53 Tex., 30, it was held that…