Leaver

In this action to quiet title plaintiff had judgment and defendant appeals. The complaint was in the usual form appropriate to the character of the action. In addition to a general denial, the defendant made a special plea in his answer by alleging a former judgment between the parties for the same cause. That portion of the answer is as follows: “That heretofore, to wit, on the- day of March, 1917, an action was commenced by the plaintiff in this court against each of these defendants, wherein it was alleged that the plaintiff was the owner of said property and wherein it was also alleged that the defendants, and each of the defendants, had no right, title, or interest in said property. That the said defendants appeared in said action and the said cause came on regularly for trial before said court on the eleventh day of December, 1917, and thereupon said court duly made and gave judgment against the plaintiff and in favor of defendants thereby adjudging that plaintiff take nothing in said action and that defendants recover their costs.” Samuel T. Smith is the only defendant interested, as the action was dismissed as to Anna May Smith, who was first named in the complaint as Jane…