Doty v. Shepard

*310The opinion of the court was delivered by

Dawson, J.:

All of the matters involved in this lawsuit except one are already res judicata. (Railroad Co. v. Thisler, 96 Kan. 184, syl. ¶ 2, 150 Pac. 580.) When this case was here before (Doty v. Shepard, 92 Kan. 122, 1041, 139 Pac. 1183, 141 Pac. 1013) it was said:

“We find nothing wrong with the referee’s findings of fact, which were approved by the trial court, but it should also be ascertained and found what the rights of Nellie P. Shepard are in the Tabor property. When this is done, and the result added to the findings already made, the rights of…