DU BOISE v. BREWER

SC 2423.

349 So.2d 1086 (1977)

J. C. DU BOISE v. Burie BREWER, Jr., et al.

Supreme Court of Alabama.

August 19, 1977.


Attorney(s) appearing for the Case

Champ Lyons, Jr. and Larry U. Sims, Mobile, for appellant.

James C. Wood and Jonathan P. Gardberg, Mobile, for appellees.


EMBRY, Justice.

On this appeal we must decide the question of whether a prior judgment in an action for trespass to lands, and the cutting of timber therefrom, will bar a subsequent action between the same parties to establish a boundary line. Under the prior case law we are compelled to hold the former judgment is not a bar to the latter action; and, accordingly, we reverse and remand.

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