Hall v. Wooters

Gould, Associate Justice.

This is a second action of trespass to try title, commenced February 23, 1880. The first action was commenced in 1877, and resulted in a judgment in favor of defendant, September 23,1879. That judgment was pleaded as estopping the plaintiff from maintaining this action, and the court below gave judgment in favor of defendant on that plea.

The question presented is: Was the plaintiff precluded from his second action of trespass to try title, by a judgment rendered after the Revised Code took effect, but rendered in a suit commenced before that time?

Art. 4811 of the…