27 S.E.2d 310 | Ga. | 1943
Lead Opinion
All questions between parties once and finally settled by a solemn decree must be considered as an end to the litigation. They cannot be relitigated in other actions, directly or indirectly.
The heirs of H. L. Lankford claimed in the petition that the title to the 3.5 tracts, which, under the decree were registered in the name of Mrs. Holton, should be registered subject to certain mortgages executed by W. C. Lankford in 1913 and 1914, and now held by the heirs of H. L. Lankford. They also charged that Mrs. Holton was indebted to them by reason of certain sales made by her of these lands to other persons, and prayed for an accounting of the rents collected by Mrs. Holton. The prayers of the heirs of H. L. Lankford were that the title to said registered lands should be made subject to mortgages held by them, and that a receiver be appointed to take charge of all the property claimed by Mrs. Holton and to collect the rents from the same; and further, that a master be appointed and for an accounting of the rents and profits due them. *632
The defendants filed what they denominated as their "special demurrer," on the grounds, (1) that there was a misjoinder of plaintiffs; (2) that the petition as amended stated no cause of action in behalf of Mrs. Mattie L. Lankford; and (3) that it appeared from the allegations in the petition that Mrs. Mattie L. Lankford was barred, by the final judgment rendered under the direction of the Supreme Court, from claiming any right or interest in the lands now registered in the name of Mrs. Holton.
The judge sustained the demurrer, thereby striking the name of Mrs. Mattie L. Lankford as a party plaintiff. The case is here solely upon assignment of error on this order.
From an examination of the present and past records in this case it is clear that Mrs. Mattie L. Lankford is claiming equitable relief on matters in which other plaintiffs have no interest; and the same is true as to Mrs. Lankford's lack of interest in matters claimed by the heirs of H. L. Lankford. It is also very plain that in this case Mrs. Lankford is attempting to relitigate questions that have been or could have been settled in the former litigation. The questions have been adjudicated adversely to her, and she cannot now raise them. Code, §§ 110-501, 3-607. See McRea v. Dutton,
Equity is slow to interfere with a former decree between the same parties when all the parties have had their day in court.Isaacs v. Tinley,
As to the lack of the right of the parties to relitigate or reargue questions finally settled between the parties the words of Judge Lumpkin in Thornton v. Lane,
In ruling that the question is not open to review, no inference is to be drawn that, if reviewed, this court would be of any different opinion.
All questions between parties once and finally settled by a solemn decree must be considered as an end to the litigation. They cannot be relitigated in other actions directly or indirectly. Final judgments of this court cannot be reviewed between the same parties in the superior court or on writ of error to this court. One of the prime objects of judicial procedure is to forever settle and end disputes between litigants, and courts never look with favor on the unnecessary prolongation of litigation, and particularly disapprove attempts to ignore or evade binding judgments. All the questions *634 that the plaintiff in error raised in her equitable petition were or could have been put in issue in the land-registration proceeding in which there is a final decree. She cannot now say that this court or the trial court committed error in their decisions or decrees. If this were not true, a court of final resort would be useless, for its judgments would be meaningless and appeals unavailing.
With approval we quote the words of Judge Lumpkin in Young
v. Harrison,
There was no error in sustaining the demurrer and striking the name of Mrs. Mattie L. Lankford as a party plaintiff.
Judgment affirmed. Bell, C. J., Jenkins, P. J., Grice andDuckworth, JJ., and Judge Etheridge concur.
Addendum
At the time this case was submitted, Judge A. L. Etheridge, of the Atlanta Circuit, was designated by the court to preside instead of Chief Justice Reid, who was disqualified. Subsequently Chief Justice Reid resigned, and Presiding Justice Bell was appointed Chief Justice, and Hon. Lee B. Wyatt was appointed Associate Justice. Judge Wyatt, having thus become a member of the court after Judge Etheridge had been lawfully designated and after the case had been submitted, did not participate in the consideration or decision of this case. See Atlanta Coach Co. v. Cobb,