Willson v. Truebody

<p>Judgment — Res Judicata. — Where There are Two Judgments in Different Suits, commenced at different times, between the same parties, involving the same subject matter, and determining the same points in different ways, the party prevailing in the first suit will be estopped by the judgment in the last; this judgment can operate as an estoppel, however, only upon those matters which were necessarily determined.</p> <p>■ Ejectment. — A Plaintiff in Ejectment must Recover, if at All, only on the strength of his own title; and if he fails to show a right of possession in himself, it matters not whether the defendant has title or not.</p> <p>Vendor and Vendee — Transfer by Obligee in Bond to Convey.— Where it appears, in a transaction relating to land, that the title was intended to remain in the obligor and that the instrument is merely a bond to convey when payments are made according to the conditions, the obligee can meantime transfer to a third person nothing but a right to be given a deed upon payment in full.</p> <p>Deed to Clear Title — Validity.—When One Yields a Large Consideration in Rents, damages and costs for the purpose of clearing up his title, the deed, in the transaction, from the recipient of the consideration is not to be regarded as ineffective for the purpose merely because the subject matter is described as “a claim against the lot.”</p>