Houston v. Musgrove

Citations

• 35 Tex. 594

Syllabus

<p>1. When the judgment or record of a court shows that the cause was not determined on its merits, the principle of res adjudicóla does not apply, and the judgment will not bar a second proceeding.</p> <p>2. The doctrine of res adjudicóla can apply only to such matters and questions as were within the jurisdiction of the court.</p> <p>3. A justice of the peace has no jurisdiction over vendors’ liens; and therefore a general judgment rendered by a justice of the peace on a note given for purchase money of land cannot be deemed to have adjudicated the vendor’s lien. The ruling in Johnson v. Murphey, 17 Texas, 216, can have no application.</p> <p>4. A justice’s judgment on purchase money notes does not merge or extinguish the vendor’s lien; and an assignment of such a judgment transfers the lien, so that the assignee can, in like manner as the judgment creditor himself, enforce the lien by suit in the district court. (McAlpin v. Burnett, 19 Texas, 500, and Hargrave v. Simpson, 25 Texas, 399, cited by the court.)</p>