As there is no inconsistency nor ambiguity in the record in cause number 1311, and as the judgment therein rendered, in plain and unmistakable terms, awards the land involved therein, which includes the land in controversy in this case, to plaintiff in error, I do not agree with the majority of the court, that parol evidence was admissible to show that the question of title was not in fact litigated. Black on Judg., sec. 625.
In my opinion the judgment of the trial court ought to be reversed.