SMITH v. DECKER


374 S.W.2d 487 (1964)

Sam T. SMITH et al., Appellants, v. Wavy DECKER et al., Appellees.

Court of Appeals of Kentucky.

January 17, 1964.


Attorney(s) appearing for the Case

W. D. Bratcher, Greenville, Harold M. Streets, Central City, William P. Donan (Donan & Vick), Greenville, for appellants.

Forest P. Bell, Hartford, Walter Catinna (Woodward, Bartlett & Catinna), Hartford, for appellees.


CLAY, Commissioner.

This suit was brought by plaintiff appellees to establish title to a one-half interest in certain land claimed by defendant appellants. The sole issue was whether, under the doctrine of res judicata, the plaintiffs were barred from asserting their rights. The Chancellor denied defendants' plea and found for the plaintiffs.

Herman and Jane Decker, husband and wife, were joint owners of the tract...

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