Sirmans v. Allen

Duckworth, Chief Justice.

It appearing from the pleadings, the evidence — none of which contradicts the records in the lower court — and the motion for summary judgment that the appellant-plaintiff had previously filed a bill in equity against the defendants, now cross appellants and appellees, alleging in substance the same suit to recover the same property by an alleged implied trust, to which general demurrers had been renewed • after amendment and thereafter sustained after a hearing, and no appeal therefrom taken, the two cases being between the same parties, or their privies, and being…