Clements v. Austin

OPINION

GODDARD, Judge.

Eugene W. Austin and his wife Lucy C. Austin, Defendants-Appellants, appeal a judgment rendered in favor of Daniel C. Clements and his wife Rosalind C. Clements, Plaintiffs-Appellees, for damages resulting from a breach of covenants as to certain real property transferred by the Austins to the Clements. By their issues on appeal the Austins insist that the suit is barred under Rule 13.01 of the Tennessee Rules of Civil Procedure and also under the doctrine of res judicata or estoppel by judgment.

By deed dated July 26, 1973, the Austins conveyed the property in question…