Jefferson v. Southern Land Sales Corp.

Appellant assigns as error the denial of its motion for judgment of nonsuit, and bases its exception to the ruling of the court below upon the ground that plaintiffs’ present cause of action was issuable and relevant in a former action between the same parties, and that therefore they are now estopped to pursue the matter in this action.

The pertinent facts were these: Plaintiffs purchased the land by deed dated 13 July, 1936, and executed deed of trust to secure the balance of the purchase price. In July, 1938, the plaintiffs having failed to pay the amount due thereon, the trustee in the…