SMITH v. WARE

Record No. 911923.

421 S.E.2d 444 (1992)

Pauline SMITH v. Ellen WARE.

Supreme Court of Virginia.

September 18, 1992.


Attorney(s) appearing for the Case

James W. Speer, Richmond (Central Virginia Legal Aid Soc., on briefs), for appellant.

John M. Williamson, Goochland, for appellee.

Present: All the Justices.


HASSELL, Justice.

In this appeal, we consider whether the doctrine of res judicata bars a claim "to recover dower and damages" asserted by a litigant who had unsuccessfully filed a motion for judgment for unlawful detainer.

The parties stipulated the relevant facts. Presley M. Smith and Pauline A. Smith, husband and wife, lived in a residence in Goochland County until Mr. Smith's death in 1982. Mr. Smith was the sole owner of record of the real property...

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