Wells, Administrator v. Ross

The opinion of the court was delivered by

Hatcher, C.:

This is an appeal from an order dismissing an action to set aside an agricultural lease or in lieu thereof to reform the lease to do equity between the parties.

The motion to dismiss challenged the right to maintain the action on two grounds—(1) res judicata and (2) estoppel by acceptance of rental payments.

As the doctrine of res judicata disposes of the controversy we will devote our attention to the facts material to this issue.

On April 28, 1965, the heirs at law of C. F. Wells, deceased, filed a petition in the District Court of Meade…