Joseph v. Rotunno

Lamoree, J.,

— In this case plaintiffs filed a complaint in ejectment against defendants to which defendants filed a demurrer. Defendants, as *252a basis for their demurrer to the complaint, contend that the action instituted by plaintiffs is res judicata because the same precise questions of title and the same lands as described in the writ and involved in the present case were pleaded and issue was joined thereon and tried and determined by the court and a jury at no. 44, September term, 1945, wherein defendants in this case were plaintiffs and plaintiffs in this case were defendants. Further,…