GIBBS v. TF & G INDUS. PARTNERS

78-12.

369 So.2d 544 (1979)

Solomon GIBBS and Mary Gibbs v. TF & G INDUSTRIAL PARTNERS.

Supreme Court of Alabama.

Rehearing Denied April 6, 1979.


Attorney(s) appearing for the Case

Allen W. Howell, Montgomery, for appellants.

John B. Scott, Jr., Montgomery, for appellee.


MADDOX, Justice.

The legal issue presented by this appeal is:

Is a judgment entered in a trespass action involving the same parties res adjudicata to a subsequent action brought to establish a boundary line between them? We hold that, under the facts here, the first judgment was not conclusive.

On June 21, 1976, the plaintiffs filed a trespass action against the defendant and sought damages for the construction of a drainage ditch, which plaintiffs...

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