Civil Procedure Keyed to Yeazell
Searle Brothers v. Searle
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During the divorce proceeding between Edlean Searle (D) and Woodey Searle, a piece of property called the “Slaugh House” which stood in Woodey’s name was determined in court to be part of the couple’s shared property. The property was awarded in whole to Edlean Searle (D). Woodey pleaded a half interest in the property, while the other half belonged to Searle Bros.(P), a partnership between Woodey and his sons. Searle Bros.(P) then filed suit against Edlean Searle (D),claiming that it had an undivided half-share in the house. The trial court decided that the matter was res judicata and collateral estoppel meant that the issue of property interest in Slaugh House had already been determined during the divorce litigation, so that no subsequent litigation could be brought by Searle. Bros. (P).
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