Loomis v. Cowen
Citations
- 106 Ill. 660
- 1883 Ill. LEXIS 219
Syllabus
<p>Former adjudication—what questions will Toe considered, on a second appeal. Where this court has decided, on appeal in an action of ejectment, that a mortgage under which title is attempted to be deduced, has been satisfied as to a part of the tract of land, and that a sale of such part under the mortgage passed no title, and the cause is remanded, and the trial court finds for the defendant in ejectment, in accordance with the decision of this court, and rhe plaintiff' brings the case here again, having shown below no other title than on the first trial, the decision of this court on the question so presented must be regarded as res judicata, and can not be again called in question.</p>
Judges: Dickey, Scott
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