Stiger v. Monroe

Atkinson, Justice.

1. It appears from the record in this case, that the defendant in error sued the plaintiff in error upon a breach of warranty of title to land. The defendant below filed a plea of res adjudicata, and upon this plea as a separate substantive defense to the plaintiff’s action, the court made the following order: “The within plea having been submitted to the court upon an agreed statement of facts, and it appearing by the" evidence offered that it is insufficient to support the plea, it is ordered that the same be and it is hereby overruled and stricken.” Exception was taken to…