Campbell v. Cubbon

Citations

• 98 Kan. 642
• 158 P. 1121
• 1916 Kan. LEXIS 152

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Judgment — Quieting Title — Not Res Judicata as to Damages. A judgment in a suit to remove a cloud cast upon plaintiff’s title to real estate by a fraudulent deed is not res judicata on the question of damages sustained on account of attorney fees and expenses incurred in clearing the title, and resulting from the wrongful acts of the grantee in procuring the deed.</p> <p>2. Appeal and Error — Evidence—Demurrer—Former Judgment not Res Judicata. Plaintiff sued defendant in the county where he resided to recover damages for his. fraud in procuring from her a deed purporting to convey real estate in another county. Defendant pleaded as res judicata a former judgment obtained against him in the county where the land was situated, in which action plaintiff sued to set the deed aside and to quiet her title, but set up no claim for damages. Held, error to sustain a demurrer to plaintiff’s evidence on the ground that she should have pleaded and proved her claim for damages in the former suit.</p> <p>3. SAME — Evidence — Demurrer — Facts Admitted — Pure Question of Law — Transcript Unnecessary. Where error is predicated solely upon a ruling sustaining a demurrer to plaintiff’s evidence, but the facts are not disputed and the ruling is expressly based upon a question of law, it is not necessary for the appellant to have a transcript of the evidence made or to bring up the evidence.</p>