Balcom v. Cain

I do not concur in the above majority opinion.

It is my opinion that the judgment entered in cause No. 11968-B, on the 18th day of August, 1931, was res judicata of the fact that Balcom did not have title to this land at that time, and he would be forever barred from again adjudicating this question. It is plain that the present suit is an attempt to again adjudicate this same title, and the question of an after-acquired title is not in this case. Cause No. 11968-B was a “Trespass to Try Title Suit” between Bal-com and the Reed Automobile Company, Inc., of the land herein involvéd. Stratton…