Swearingen v. Williams

JAMES, Chief Justice.

The petition, filed August 19, 1899, was in the ordinary form of trespass to try title. Defendants pleaded general denial and not guilty, and specially res adjudicata by alleging a former judgment in favor of defendants by the District Court between the same parties in an action of trespass to try title on March 8, 1895. The district judge before whom the cause was tried without a jury gave judgment for defendants.

Conclusions of fact so far as are necessary for the disposition of the case according to our views are as follows:

John Hood was the common source of title. On…