Houston v. Musgrove
Texas Supreme Court
Appeal from Hopkins. Tried below before the Hon. W. H. Andrews. The opinion of the court discloses the character of this case. By an amended petition it was alleged that the defendant Roberts, when he purchased from Mus-grove the land for which the notes were given, had notice of the vendor’s lien outstanding against the property.
1Opinion of the CourtOgden, J.
The doctrine of res judicata is set up as a bar to this action, and if applicable to the facts as set out in the pleadings, must determine this cause. That the judgments of all courts of competent jurisdiction are a finality as to all matters adjudicated, or as to all matters properly presented to a court for its determination, has been determined by the highest authority. But it must be admitted that to this rule there are certain exceptions; and where the judgment or record of the court shows affirmatively that a cause was not decided upon its merits, there is no rule of law or equity which…
2Cases cited4 opinions
- McAlpin v. BurnettTexas Supreme Court · 1857
- Pinchain v. CollardTexas Supreme Court · 1855
- Johnson v. MurphyTexas Supreme Court · 1856
- Tarrant County v. LivelyTexas Supreme Court · 1860
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- Curtis Pub. Co. v. MitchellCourt of Appeals of Texas · 1936