Kline v. Stein

Citations

• 46 Wash. 546
• 90 P. 1041
• 1907 Wash. LEXIS 660

Syllabus

<p>Judgment — Res Judicata — Identity of Causes — Actions—Splitting Causes — Remedy fob Mistake. Judgment in an action of ejectment awarding plaintiff the possession of premises along a disputed boundary line, by reason of title by adverse possession, is res judicata in a subsequent suit between the same parties to recover an additional strip claimed to have been omitted by mistake from the former complaint, where plaintiff was dispossessed of both tracts by one forcible trespass by the defendant and the saíne evidence would be required to support both actions; as the plaintiff cannot thus split up his cause of action, and any remedy for the mistake in the first complaint would be by a proceeding to open the former judgment.</p>