Smith v. Pattishall

On Rehearing.

Brown, J.

The first phase of our opinion in this case dealt only with the question of res judicata; that is, whether the previous suit between the parties is conclusive in the present suit as to the strip of land 18.71 feet wide and about 78 feet long, which land was not embraced in nor affected by said former suit. This question was decided independently of the validity vel non of the bank’s judgment lien, vested or otherwise, upon said land. That portion of the opinion terminated with the short paragraph reading as follows:

“So as to this 18}4 feet, there is no res judicata.”

We…