74 Ga. 47 | Ga. | 1884
The plaintiff had a homestead laid off and assigned to him and his wife, in land's which had been specially charged with permanent alimony in favor of a.former wife, who had obtained a judgment against him, not only for a total divorce, but likewise for such alimony. When the execution issuing upon this judgment for alimony was levied upon the land in controversy, the plaintiff filed a bill, and prayed that the levy be enjoined, because, as he set forth therein, the homestead right was superior and was to be preferred to the claim for alimony adjudged to the libellant in the divorce suit. The judge heard this application, and refused the injunction prayed, after a hearing upon a rule to show cause, and decreed that., as against this right of alimony, no title could pass from the complainant in the bill to the land in question, either by homestead, exemption or otherwise. No appeal was taken from this decree, which has never been modified, reversed or set aside, and is still of full force and affect. After it was rendered, the land was sold under the levy, and the defendant in this suit became the purchaser at the sheriff’s .sale, and took a conveyance to it in pursuance thereof, and also went into
It is evident that the question made by this suit had been formerly determined by a court having jurisdiction,. not only of the cause, but of the parties from whom the defendant derived his title. The plaintiff and those in privity with him had invoked this decree; and having submitted to it, he and they are bound by it. The defendant in this suit succeeded to all the rights of the plaintiff in the execution under which he purchased; and it had been solemnly adjudicated that her rights were superior to those - set up by the plaintiff. This adjudication is conclusive. The Code, §3577, in express terms declares that the judgment of a court of competent jurisdiction is conclusive 1 between parties and privies as to the facts which it decides, until reversed or set aside. Id., §3826. Again, it is announced that an adjudication of the same subject-matter in an issue in a former suit between the same parties, by' a court of competent jurisdiction, should be an end of litigation. Id-, §2897, and citations under each section.. Since the cases cited under these sections, the question has been repeatedly before us, and we have-never deviated from the wise and conservative policy they enjoin. 70 Ga., 349, 475, 552. The motion to strike this plea was properly overruled. According to our practice, however, the issue made by the plea, should have been submitted to the
We have authority to make a final disposition of this ■cause (Code, §218), and to that end to give to it such direction as is consistent with the law and justice applicable to it. Id., §4284. This, we think, has already been •done, and we are unwilling to protract litigation in any case where it can be avoided with due regard to-the rights ■of parties. 70 Ga., 838, 839.
Judgment affirmed.