King v. Co-Operative Savings & Loan Ass'n

Citations

• 6 Idaho 760
• 59 P. 557
• 1899 Ida. LEXIS 68

Syllabus

<p>Estoppel — Former Adjudication. — Parties to a judgment, which has been reversed or set aside or annulled in a proper proceeding are precluded from again litigating the same cause of action ue-termined by such judgment. IC., a junior mortgagee, sued his mortgagor and the senior mortgagee to have his mortgage lien adjudged prior to that of the senior mortgagee, alleging specifio acts of fraud on the part of the senior mortgagee, by which he was induced to accept his junior mortgage; the cause was determined adverse to K. and in favor of the senior mortgagee; afterward IC. commenced an action to have a deed, which he had. executed to the senior mortgagee, and which was in fact the consideration for IC’s mortgage, annulled on the ground of fraud in the procurement thereof, alleging the same facts alleged in the former suit. Held, that he was estopped by the former adjudication.</p> <p>(Syllabus by the court.)</p>