Rutherford v. Kessel

BYE, Circuit Judge.

Julie Rutherford brought this action to quiet title in three condominium properties she claims to own. These properties were the subject of a North Dakota state trial court order entered against Rutherford’s brother, Robert Rutherford. Such order held the transfers of ownership between the brother and sister were fraudulent and therefore null and void. Rutherford appeals the district court’s 1 determination that her quiet title action is barred by the doctrine of res judicata. We affirm.

I

On May 27, 2004, Robert Rutherford assaulted Dean Kessel in the latter’s home in…