Sirmons v. Banks

Candler, Justice.

This is a statutory action for land which the plaintiff brought against the defendant as administratrix of the estate of John M. Smith, and the only exception is to a summary judgment sustaining a plea of res judicata. The record indisputably shows that a prior suit between these same parties involving ownership of the identical land resulted, when tried on its merits, in a judgment for the defendant decreeing title to the land involved in her intestate, and the plaintiff seeks in this suit to avoid the conclusiveness of that judgment solely on the ground that a deed she…