33 P.2d 1070 | Idaho | 1934
The preliminary transactions of this controversy fully appear in Richardson v. King,
Thereafter respondents brought an action to quiet title, wherein appellant sought to have his default set aside urging no service had been made, and in his proffered answer again set up fraud and that the instrument was a mortgage and not a deed. The court refused to set aside the default and appellant's appeal was dismissed (Richardson v. king,
This action therefore is not maintainable because appellant has heretofore had his opportunity for defense and attack, and an adverse judgment determining all these matters, both *423
actually and potentially has become res adjudicata thereof. (Bernhard v. Idaho Bank Trust Co., supra; Kelley v. Sakai,supra; Architectural Decorating Co. v. Nicklason,
Judgment affirmed; costs awarded to respondents.
Budge, C.J., and Morgan, Holden and Wernette, JJ., concur.
Petition for rehearing denied.