Civil Procedure Keyed to Yeazell
Searle Brothers v. Searle
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.
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