LAW 110 Chapter Notes - Chapter Searle-Brothers-v-Searle : Collateral Estoppel, Res Judicata
Document Summary
The brothers of a party to a divorce proceeding sued the wife of their brother to regain possession of a piece of property awarded to the wife in the divorce decree. The defendant, edlean searle (defendant), sued woodey searle (mr. searle) for a divorce. In that case, the court determined that a piece of property known as the slaugh house, which was recorded in mr. searle"s name was part of the marital property. Mr. searle argued that he had a one-half interest in the property and that the other half was owned by a partnership with his sons as partners. The court awarded the entire property to the defendant. This action was brought against the defendant by the plaintiff, a partnership called searle brothers (plaintiffs), which claimed an undivided one-half interest in slaugh house. It was alleged that slaugh house had been paid for with partnership funds. The trial court held that claim and issue preclusion barred this action.
