Gibbs v. . Higgins

When on trial in partition proceeding, defendants, having denied tenancy in common, plead sole seizin, non ienent insimul, by reason of deed to them from common source, and, the proceeding-having been transferred to the civil issue docket for trial, plaintiffs fail before the jury in their attack upon that deed on the ground that the grantor did not have sufficient mental capacity, at the time, to execute it, and final judgment sustaining the plea of sole seizin is entered, is such judgment res adjudicata, and, when pleaded, a bar to prosecution of subsequent independent action to set aside…