Ullrich v. Bigger

Citations

• 81 Kan. 756
• 106 P. 1073
• 1910 Kan. LEXIS 426

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Estoppel — Election of Remedies — Res Judicata. A party claiming title brought ejectment to recover a tract of land from the grantee of a purchaser at a sheriff’s sale. A mortgagee of the claimant was made a party. In a cross-petition he pleaded that he purchased the j'udgment under which the sheriff’s sale was made to protect his mortgage, attacked the sheriff’s sale and deed as utterly void, and prayed that he be given a mortgage lien on the land as the property of the ■claimant. After a trial the claimant and the mortgagee were defeated, the sheriff’s sale and deed were sustained, and on appeal to this court the judgment was affirmed. The mortgagee and owner of the judgment then sued the successful defendant in the first action for the land, asking that the title conveyed by the sheriff’s deed be decreed to be held in trust for him. The cause was submitted on the pleadings, evidence, judgment and other proceedings in the first case. Held, the relief prayed for is doubly barred, because incompatible with the course elected in the former suit, and because the matter is res judicata.</p>