The lands involved here were before this Court in Walsh v. Buckner,
On December 9, 1946, Walsh executed to Wafford and Haskins a warranty deed covering the entire eighty acres. He based his right to do this, as to the south forty acres, on a quitclaim deed from the Reinberger heirs, who now testify that they were making no claim to the land, but were willing for a consideration to quit-claim any interest they might have in it.
The grantees subsequently learned of the decree quieting title to the south forty acres in Mrs. Buckner, and brought the present action against Walsh to recover on the covenant of warranty, naming Mrs. Buckner a defendant also. By cross-complaint Mrs. Buckner sought to have the deed from Reinberger to Walsh to recover from Walsh to Wafford and Haskins cancelled as clouds on her title to the south forty acres. A grantee from Mrs. Buckner also intervened, his interest being identical with hers.
Walsh's defense was that the portion of the Supplemental Decree quieting Mrs. Buckner's title in the south *Page 38 forty acres was a mistake, that the Supreme Court was mistaken in ordering that the title be so quieted, that the Chancellor was mistaken in following the Supreme Court's mistaken order to that effect, and that he was mistaken when he agreed, through his attorney, to the wording of the Supplemental Decree.
The Chancery Court rejected this defense. Its holding was that the Supplemental Decree was in accordance with the Supreme Court's Opinion and mandate, and was effective to quiet title in the respective forty-acre tracts according to its terms. Wafford and Haskins were allowed recovery against Walsh on the covenant of warranty, and the deeds from the Reinberger heirs to Walsh and from Walsh to Wafford and Haskins were cancelled, as to the South forty acres, as clouds on Mrs. Buckner's title thereto. From a decree to this effect Walsh now appeals. Wafford and Haskins join in the appeal, presumably for the purpose of making sure that all issues affecting them are settled.
The decree of the Chancery Court is correct. The Supplemental Decree of January 5, 1946, was in accord with the opinion and mandate of this court, and the matters determined therein became res adjudicata. If there was error in this court's judgment it should have been brought to our attention in the petition for rehearing. The decree entered in accordance with this court's mandate may not be collaterally attacked either by persons who were directly parties to it or by those whose interests were bound by it as the judgment in a proceeding in rem. Ark. Stats. (1947), 34-1901, et seq. This includes persons not specifically named as defendants in the title quieting suit, the governing in rem and publication statutes having been complied with. Kulbeth v. Drew County Timber Co.,
The decree is affirmed. *Page 39
