Foster v. Ellison

Upon a rehearing of this ease, Section 6601, Revised Statutes, was urged as authority for affirming the judgment under review. It provides that a judgment in forcible entry and detainer shall not be a bar to any after action brought by cither party. The judgment is thereby, limited in its effect, and seems to furnish an exception to the general rule that equity will not enjoin the en: forcement of a judgment where a defense at law was available-, In this case the defensp before the Justic.e, if any had been made. *400would have been that a controverted question of title existed as shown by the…