Timmons v. Clayton

Ed. F. McFaddin, Justice.

Appellant and appellee own adjoining lands within the city limits of Morrilton; appellant’s tract of about two acres lies north of appellee’s property, and the slope of the surface is from north to south. The decisive question on this appeal is whether previous litigation between the same parties is res judicata of the principal issue in this litigation.

Previous Litigation.

In 1951, appellant filed suit in Chancery, claiming appellee was obstructing Timmons Street, which was on the south side of appellant’s land and the north side of appellee’s land. By…