Biddle v. BiddleBiddle v. Biddle
Plaintiff brought this action against her son Ralph Biddle and her son‘s former wife Patricia Biddle to impose an equitable lien based on an alleged purchase money resulting trust upon Ralph and Patricia‘s former marital residence in Little Silver. Ralph dеfaulted. On the day of trial prior to the presentation of testimony Patricia
Plaintiff advanced money to her son Ralph and his then wife Patricia for use as payment on a lot and a home subsequently built thereon. Plaintiff claims that the advance was a loan and that she, Ralph and Patricia agreed that she was to have an equitable interest in the property and was to be paid a sum proportionate to her contribution (57%) if it was ever sold. Patricia contends the advance was an unconditional gift. Legal title was held by Ralph and Patricia as tenants by the entirety.
When Patricia and Ralph Biddle litigated their divorce action, plaintiff moved to intervene therein in order to assert her claim to an interest in the property. She apparently contended that her interest should be considered when the matrimonial judge determined the value of the property and thе subject of equitable distribution. Her motion was denied and no appeal or motion for leave to appeal therefrom wаs taken. At the trial of the divorce action Ralph apparently argued that plaintiff‘s lien claim reduced the value of the prеmises subject to equitable distribution and increased the debts he and his wife owed. Plaintiff testified in the divorce action in support of her lien сlaim. The divorce judgment expressly awarded Patricia full title to the premises “free and clear of any alleged liens by Ralph T. Biddle аnd Anna M. Biddle against the title.”
Generally, adjudication of an issue or claim does not, by operation of res judicata or collateral estoppel, bar a person not a party or privy to a party to the prior action from seeking another adjudication of the issue or claim because every person is entitled to his day in court. Brunetti v. New Milford, 68 N.J. 576, 587 (1975); Bd. of Directors, Ajax, etс., v. First Nat‘l Bank of Princeton, 33 N.J. 456, 463 (1960); Lehigh Zinc and Iron Co. v. N.J. Zinc and Iron Co., 55 N.J.L. 350, 357 (E. & A. 1893): Restatement, Judgments 2d (Tent. Draft No. 2, 1975), § 78(3) at 2; 46 Am. Jur.2d, Judgments, §§ 518-519 at 669-671. Here Ralph Biddle could not be plaintiff‘s privy by operation of law because his legal ownership interеst in the land, a tenancy by the entirety, conflicted with plaintiff‘s claim. Bd. of Directors, Ajax, etc., supra 33 N.J. at 463. Plaintiff plainly was not a party to the divorce action. However, Patricia argued, and the trial judge found, that plaintiff‘s alleged participation in the divorce action and Ralph‘s assertion of her claim as part of his case established that plaintiff actually consented to adjudication of her claim therein, received hеr day in court, and was bound by the divorce judgment notwithstanding her non-joinder as a party to that action.
Defendant‘s contentions suggest severаl possible theories that might bar plaintiff from bringing this action. Plaintiff may have expressly or impliedly authorized her son to prosecute the claim in her behalf, making him her representative in fact and binding her to the adjudication. Restatement, Judgments 2d (Tent. Draft No. 2, 1975), § 85(1) (b) at 56, and comment (b) thereto at 59-60; 50 C.J.S. Judgments § 776(a) at 306; 46 Am. Jur.2d, Judgments, § 538 at 694-695;
It was incumbent upon Patricia as the party asserting a bаr by judgment, to present to the judge so much of the record of the divorce proceeding as was necessary to support her сontention that plaintiff should have been bound by the judgment. See State v. Ebron, 61 N.J. 207, 215-217 (1972); Robinson-Shore Develop. Co. v. Gallagher, 26 N.J. 59, 68 (1958); Knutsen v. Brown, 96 N.J. Super. 229, 234-237 (App. Div. 1967). Patricia only supplied the trial judge with a copy of the matrimonial judge‘s shоrt written opinion and the divorce judgment. No transcripts of the trial, the
Plainly participation in a trial as a witness does not, without more, bind one to the determination therein, State v. Redinger, 64 N.J. 41, 46 (1973); Bacon v. Fay, 63 N.J. Eq. 411 (Ch. 1902), nor does a mere familial relationship to a party in the action. See Rizzi v. Pohan, 102 N.J. Eq. 239 (E. & A. 1928). Furthermore, a person who has unsuccessfully attempted to intervenе in an action prior to entry of judgment is not bound as to the claims adjudicated therein unless he is thereafter represented by one who is a party. 46 Am. Jur.2d, Judgments, § 530 at 680; 50 C.J.S. Judgments § 781 at 317; Restatement, Judgments 2d (Tent. Draft No. 2, 1975), § 78, Reporter‘s Note at 6.
Nothing in this record demonstrates the extent of plaintiff‘s participation in the presentation of her claim at the divorce trial or her submission to that forum. The record shows only that plaintiff was a witness in the prior proceeding. Accordingly, the trial judge should not hаve granted defendant‘s motion to dismiss the complaint on the record presented below.
Our review of the remarks and conclusions of the trial judge persuades us that he has in effect given his opinion on the substantive merits of plaintiff‘s claim. On remand the cause should be heard by a different trial judge.
Reversed.