Bird v. Montgomery

Citations

• 34 Tex. 713

Syllabus

<p>1. Mo second' suit to settle boundaries is allowed by the law of this State, by ■ and between the same parties, and in relation to. the same subject matter. And when the suits are, in their real nature, suits to settle disputed boundaries, it is immaterial that nominally and in form they are brought as actions of trespass to try title ; and the defense of res adjudícala is available against the second suit in like manner as though the suits were, in form as well as in fact, equitable proceedings for the settlement of the disputed boundary.</p> <p>2. Trespass to try title is an action peculiar to our system, and was adopted for the trial of titles, and not for the mere establishment of boundary lines when there is no controversy over the titles of the parties litigant. And it is'to be remarked that it is only after the determination of a first action of trespass to try title, and not during its pendency, that a second action can be brought. (Paschal’s Digest, article 5299.)</p> <p>3. in an action by B. against P., to settle a disputed boundary, there was judgment, final against B., the plaintiff. Ik'd, upon the principle of .res adjuiicata, that this judgment is a bar against a subsequent suit of the same character, and about- the same boundary, brought by the same plaintiff against a different.defendant, who claimed under it-he -same title as P., the defendant in the first suit, did.</p>