Bes Adjudicata—Decree op Distribution—Question op Heirship.—A final decree of distribution, properly entered and not appealed from, is conclusive upon the question of heirship therein adjudicated, and cannot be collaterally assailed in any other action involving the question of the heirship of the decedent.

Id.—Conclusiveness ,of Judgments in Partition Suit—Alleged Trust of Distributee for Heirs—New Action—Express Trust.—An interlocutory judgment which has become final, and a final judgment not appealed from, in an action for partition, and to enforce a trust in favor of other alleged heirs of a deceased person, against the distributee of his estate, adjudging that such alleged heirs had no interest in the land distributed, are conclusive upon all of the claimants as to any trust of the distributee in their favor, and are a bar to a subsequent action by one of them to enforce a trust against the distributee, based upon new evidence claimed to establish an express trust of the distributee in favor of alleged heirs of the decedent, including the plaintiff.

Id.—Different Suits—Different Modes of Establis¿:in0 Same Title, I't is not the policy of the law to allow different suits to be brought between the same parties in regard to the same subject matter, merely because there may be different modes of establishing title to the property which is the subject matter of the different suits. ¡

Id.—New Action Dpon Same Title—New Evidence.—The doctrine of res adjudieata will not permit a new action to be brought for the enforcement of the same title between the same parties, merely because new and different evidence may be adduced in support of it. The plea is applicable to eveiy matter which was open to litigation within the legitimate scope of the pleadings in the first suit, and which might have been presented with reasonable diligence upon the trial thereof.