220 Pa. 503 | Pa. | 1908
Opinion by
This is an action of ejectment brought by Sarah Flick, wife
An inspection of the record of the equity suit shows that the question was disposed of upon the merits, and “ where the merits, or any facts material to the final determination of the controversy, have been considered and passed on, the matter is as much res adjudicata as it would be by a judgment at law: ” Larkins v. Lindsay, 205 Pa. 534. This rule was again followed in Columbia Nat. Bank v. Dunn, 207 Pa. 548, where our Brother Bbowx said (pp. 549,550): “ Erom this it is plain that, the defense now set up is res adjudicata and can no longer avail the defendant. The material matters in the bill are the material matters in this issue, and by the decree against him in the equity suit the appellee is concluded. Out of innumerable authorities supporting this, reference is made to the' following : Kelsey v. Murphy, 26 Pa. 78; Williams v. Row, 62
The assignments of error are overruled and the judgment is affirmed.