Hays v. Sturgill

Opinion op the Court by

Stanley, Commissioner

Affirming in part, reversing in part.

The case raises questions of res adjudicata. Specifically, they are whether a judgment construing a deed with respect to the title it conveyed is a bar to a later action seeking (1) to have it annulled on the ground of mental incapacity and undue influence, and (2) to have an enforceable precatory trust declared.

The first suit was filed by all the heirs of Charles Sturgill, except one, against a gas company and a son who refused to join as plaintiff, alleging title under a certain deed executed by their father…