Barrows v. Kindred (1866)

In Barrows v. Kindred (1866) 71 U.S. 399, the United States Supreme Court, construing the Illinois statute, which resembles our Article 7391, after commenting on the absence of construction by the State courts, said: "Where a plaintiff shows no title and is therefore defeated, it is not easy to perceive how any title can be said to have been established in the action or how, under the statute, the result can affect his right to bring a new action for the same premises."