127 Ga. 240 | Ga. | 1906
Exception is taken to the ruling of the court in directing a verdict in favor of the plaintiffs for the land in dispute. The correctness of this ruling depends upon the correctness of the ruling in excluding the documentary and parol evidence which was tendered. With that evidence excluded there would be nothing left except the prima facie case admitted. No dispute over evidence or other issue would be left, and the prima facie case admitted by the defendant would demand the verdict, and a direction from the court would be proper. We come, then, directly to the assignments of error upon the rulings of the court in excluding the' documentary and parol evidence submitted. It may be stated in limine that in the present case we are dealing with the doctrine of estoppel by judgment, and not res judicata. In the suit which resulted in the judgment which is pleaded as an estoppel, it appears by the declaration that all of the plaintiffs insisted that all of the plaintiffs had joint title, and that they were entitled to recover for all; that the plaintiffs in that case included the three plaintiffs in the present case and several others claiming jointly with them. Hnder those conditions, that suit, with respect to both cause of action and parties, was different from the suit at bar, where the plaintiffs, being, less in number than those included in the first suit, alleged that each had a separate and distinct title, and the success of one was not dependent upon the success of all. While
Judgment reversed.