Snowden v. Anderson

Citations

• 51 Wash. 234
• 98 P. 610
• 1908 Wash. LEXIS 1003

Syllabus

<p>Judgments — Conclusiveness—Questions That Might Have Been Litigated — Partition—Accounting. A judgment in an action between co-tenants awarding to the defendants, after an accounting, an undivided one-half interest in the whole tract of thirty-two acres, upon the payment of a certain sum, which plaintiffs thereupon voluntarily received, is conclusive as to the defendants’ right to sixteen acres in a subsequent action for a partition; and precludes the plaintiffs from claiming that a sale of ten acres of the tract, made by plaintiffs pending the first suit, was for the joint benefit of both parties, where the defendants had no notice of such sale, and the plaintiffs received the purchase price without accounting therefor in the original suit, or offer to do so until after action for partition; since that 'question might have been determined in the original suit.</p>