Ohio River R. v. Fisher

Citations

• 115 F. 929
• 53 C.C.A. 411
• 1902 U.S. App. LEXIS 4262

Syllabus

<p>1. Vendor and Purchaser — Protection of Bona Fide Purchasers — Reversal of Decree on Bill of Review</p> <p>A testator left all his property to trustees for certain purposes, among which was the payfnent to his son’s wife, in case she should become a widow, without children, of an annuity sufficient to afford her a comfortable support during her widowhood. The son contested the will, and a decree was entered setting it aside and directing the trustees to convey the property to the son as heir at law, which they did. Thereafter the son sold all the property, his wife joining in the deeds for the purpose of relinquishing her right of dower. After his death a bill of review was filed by certain of the defendants in the suit, in which the decree was reversed, and the will was held valid. Thereafter the son’s widow filed a petition to charge the lands sold with the payment of her annuity under the will. 'Held■ that, as between her and the purchasers of such lands, who bought in good faith and for full value in reliance on the decree, the equity of the latter was superior, and their rights were not affected by the proceedings on the bill of review.</p> <p>2. Res Judicata — Matters Concluded.</p> <p>A decree rendered on demurrer is conclusive only on the issues joined by the pleadings;' and where a decree so rendered adjudged the validity of a will, which was the matter in issue, but the court in its opinion held that the will was inoperative as to certain bequests which had been revoked by a codicil, and that such bequests became intestate property, subject to a legacy previously charged by the will upon the whole estate, such decree cannot be pleaded as an adjudication of the rights of such legatee.</p> <p>8. Wills — Lands Charged with Legacy — Effect of Condemnation.</p> <p>Where land was regularly condemned for railroad purposes at a time when the legal title was in the executors and trustees of a testator, who were made parties, and to whom the compensation was paid