144 Ga. 519 | Ga. | 1916
(After stating the foregoing facts.)
We do not think that, if the excluded evidence had been received, an estoppel by judgment necessarily would have been established. The verdict was, “we find 6/35 for each of the plaintiffs.” That verdict only concerned the interest which the plaintiffs had in the property, and did’ not comprehend any issue as to the liability .of W. H. Harris on account of his alleged fraud in giving the security deed to the loan company. The judgment of the court was no broader than the verdict. A judgment of a court of competent jurisdiction is conclusive between parties and privies only as to the facts which it decides. Civil Code (1910), § 5943. “Where, a judgment is pleaded as an estoppel, the burden is upon the party relying upon the estoppel to sustain the plea, by showing that the
Judgment reversed.