Selbie v. Graham

Citations

• 18 S.D. 365
• 100 N.W. 755
• 1904 S.D. LEXIS 64

Syllabus

<p>The judgment dismissing'the complaint in an action by G. (against the administrator of M. for land, based on the claim that G. was the owner of the entire property, which was bought and title to which was (taken in the name of M. does not estop G. in an action against him by M.’s administrator for the recovery and use of the property from setting up the equitable defense that he was a joint.owner of the land with'M., the causes of action of G. in the two actions being different, and it not affirmatively appearing that there was a determination in the first action that G. had no interest in the land; a ground urged in the first action for the dismissal of the complaint, and which existed and warranted the dismissal, being a variance between the pleading and proof.</p>