20 S.D. 290 | S.D. | 1905
This was an action to quiet title to a one-fifth interest in a quarter section of land situated in Union county. The case was tried to the court without a jury, and, findings and judgment being in favor of the defendant, the plaintiff has appealed.
The plaintiff seeks a reversal upon two grounds: (i) That the court erred in admitting in evidence the record of a certain deed purporting to be executed by the father and mother of the appellant to Peter Remilliard, on the ground that the deed purporting to con-ve}' the homestead, and that the notary’s certificate of acknowledgment of the mother was insufficient to entitle the deed to record, and hence the record of said deed was inadmissible as evidence; (2) that the court’s conclusion that the judgment in the prior case was a bar to the present action was erroneous. The complaint of the plaintiff is in the usual form. The défendant in his answer denies the title of the plaintiff to the property, and as a third defense pleads a former adjudication of the circuit court of Union county as a bar to the action. Several other defenses are pleaded
It will be noticed that the court finds that the plaintiff in said action, who is also the plaintiff in this action, claimed therein that he was the owner of and entitled to the possession of the premises-described in this action, and alleged that the defendant in this action had no estate, right, title, or interest in or to said land, and that the defendant herein and the said Ezilda Remilliard appeared in said action and answered, denying that plaintiff had any right, title,
Mr. Freeman, in his work on Judgments (section 302), says: “Whenever, in an action for possession of realty, the question of title is put in issue by the pleadings, the judgment prima facie constitutes an estoppel to the assertion of any title which exists in the losing party at the time of the former suit.” Mr. Black, in his work on Judgments (section 655), says: In other states the adoption of a code of practice has abolished all forms of action, and the modern innominate action for the recovery of realt)- resembles the old suit
This question was very fully considered by the Supreme Court of Nevada in Sherman v. Dille}', 3 Nev. 21, in which that court held: “When the pleadings in ejectment put the title of ownership in issue, prima facie, the verdict and judgment would constitute an estoppel to the assertion of any title which existed in the party at the time of the former action.” The court in its opinion says: “Under our practice the real parties in interest are made plaintiffs and defendants, and, as is usual under the new forms the real ownership or title is put in issue, there is, perhaps, no reason why a judgment upon such pleadings should not operate by way of estoppel. If the plaintiff pleads ownership or title in fee in himself, and issue-is taken upon that question, and found against him, we can see no-reason why the record should not operate as an estoppel to any title.
The question as to the conclusiveness of a judgment as an estop-pel in a subsequent action was very fully considered by this court in the case of Howard v. City of Huron et al., 5 S. D. 539, 59 N. W. 833, 26 L. R. A. 493, and on a rehearing in 6 S. D. 180, 60 N. W. 803, and in the latter case this court held: “A judgment, if rendered upon the merits, is a finality as to the claim or demand in con" troversy, concluding parties and those in privity with them, not only as to every matter which is offered to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.” And in the opinion this court quoted with approval from the opinion of the Supreme Court of the United States in Cromwell v. County of Sac, 94 U. S. 351, in which the distinction between the effect of a judgment as a bar or estoppel on the same cause of action and as an estoppel or bar in another action is thus stated: “In considering- the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same ciaim or demand, and its effect as an estoppel in another action between the same parties upon a different claim or cause of action. In the former case the judgment, if rendered upon the merits, constitutes an absolute bar to a subsequent action. It is a finality as to the claim or demand in controvers)r, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to every other admissible matter which might have been offered for that purpose. * * * The language, therefore, which is so often used, that a judgment estops, not only as to' every ground of recovery or defense actually presented in the action, but also as to every ground which might have been presented, is strictly accurate, when applied to the demand or claim in controversy. Such demand or claim,
While the code of this state has not provided for the action of ejectment in terms, it has provided for an action to determine adverse titles and for the recovery of the possession of real property which in effect embraces the modern action of ejectment, and is substitute therefore. Sections 675 and 678 read as follows: “An action may be brought by any person against another who claims an
It is contended by the appellant that by-.an examination of the complaint in the former action it would appear that the only issue-raised was as to the validity of the deed executed by Ezilda Re-milliard to the defendant, and also- a deed executed by her to the-
These views lead to- the affirmance of the judgment of the court below, and we therefore express no opinion upon the other questions presented by the record and discussed by the counsel.
The judgment of the circuit court and order denying a new-trial are affirmed.