Lockhart v. Leeds

Citations

• 12 N.M. 156
• 76 P. 312

Syllabus

<p>SYLLABUS.</p> <p>1. Persons acquiring their rights by assignment from parties subsequent to the institution of suit are equally bound by the estoppel of the judgment with the parties.</p> <p>2. Where a bill was brought to have a mine location declared void on the ground of. fraud and collusion of defendants, and violation of an agreement to locate a mining claim for plaintiffs, a judgment rendered against plaintiffs on the bill was a bar to a subsequent suit by plaintiffs or their privies against the same defendants to have the property declared to be held in trust for plaintiffs by defendants; such suit being based on the same agreement and containing the same averments of fraud and collusion, and requiring the same proof to support it.</p> <p>3. A mistaken view of legal rights which leads a party to pray for improper relief does not affect the bar of the judgment estopping the party to again litigate the same facts.</p> <p>4. One who stands on his complaint, refusing to plead over after a demurrer has been sustained, is as fully concluded by the judgment rendered as if the facts had been established by proof.</p> <p>5. A provision in a judgment affirming, on appeal, a judgment for defendants in ejectment, that the judgment should be without prejudice to other remedies that plaintiffs might have, did not affect the conclusiveness, as an estoppel, of a judgment against plaintiffs in an equity suit brought at the same time as the ejectment, but decided before the determination of the appeal therein, for relief against defendants in the ejectment on the ground of fraud.</p> <p>6. Where the fact of the bringing and disposition of a former suit is fully set forth in the complaint, the issue of res judicata can be raised by demurrer.</p>