Paulk
Southern Land Co. v. Paulk
Opinion
Lead Opinion
Hollzer, J.
Defendants appeal from a decree quieting title in favor of plaintiff. At the trial it was stipulated that in 1916 plaintiff became the owner of the property in question. Defendants claim title by virtue of a decree quieting title to the same property, entered June 9, 1923, in another action, wherein one Joseph Blanchard was plaintiff and H. A. Paulk and W. S. Brush, George B. Raum and One Doe, as trustees of Southern Land Company, an alleged defunct corporation, and certain fictitious named persons, were defendants.
By the decree in that action, hereinafter referred to as the Paulk case, Paulk was substituted as party plaintiff and he was adjudged to be the owner of the property as against all of the remaining parties. In the action at bar the only evidence offered on behalf of the" defendants was the judgment-roll in the Paulk case, and, upon plaintiff’s objection, the trial court refused to admit the judgment-roll in evidence.
The argument advanced in appellants’ brief proceeds upon the assumption that not only this judgment-roll but also that other documents had been received in evidence. The record, however, discloses that the offers to introduce all evidence of a…