Steele v. Stevenson

Citations

• 104 Kan. 469
• 179 P. 304
• 1919 Kan. LEXIS 292

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Partition — Title and Ownership of Land — Issues Raised by Answer Res Judicata. In an action brought by an heir of a deceased ancestor against other heirs and claimants the plaintiff alleged that she was . entitled to, and asked for, an undivided one-third of the lands owned by the ancestor at his death in pursuance of a contract made between them. The property in which a share was asked was described in the petition, and her pra? er was that she be decreed to be entitled to one-third of the land, and for general relief. The defendants denied the existence of the contract claimed by the plaintiff, and alleged that they were owners of the land by virtue of a will. The court adjudged that under the contract the plaintiff was and had been the owner oían undivided one-third of all the real property owned by the ancestor at his death, and that the title thereto be quieted in her, and that all the defendants and claimants be barred from any right, title and possession in and to the interest decreed to belong to pláintiff. In a subsequent action brought by the plaintiff in the first action against the same defendants asking to have the share awarded her partitioned, and that she be given possession of her share, the defendants set up a claim of title and interest in the land that had been adjudged to belong to plaintiff arising from certain gifts, contracts and transfers, and other transactions between the defendants and the; ancestor prior to the commencement of the first action. The pleadings, findings and . judgment in the former action were set forth in the pleadings filed in the latter action, and the court, on a motion for a judgment upon the pleadings, ruled that the issues as to title and interest of the parties in the lands were involved and are deemed to have been adjudicated in the former action. Held, that the judgment rendered under the issues formed in the first action precludes the reopening of the question of title and owner