Cain v. Balcom Et Ux.

Mr. Presiding Judge Harvey

delivered the opinion of the Commission of Appeals, Section A.

This is a suit of trespass to try title brought by George S. Balcom on June 13, 1933, against P. J. Cain, Reed Automobile Company, S. K. Stratton and Beitel Bros. Lumber Company. The land sought to be recovered consists of a certain city lot in Corpus Christi. The defendants Cain, Reed Automobile Company and Stratton set up in their answer, among other things, a plea of not guilty, and a special plea of res ad judicata. The case was tried before a jury, but at the conclusion of the testimony the trial…