Staley v. Espenlaub

LEWIS, Circuit Judge.

This suit was brought by appellants to establish their title to and for possession of described real estate in Wyandotte county, Kansas. Prior thereto the same plaintiffs had sued the same defendants on the same cause of action in the state court, and the court below sustained a plea of res adjudieata based on the judgment of the state court in the prior suit, which had been affirmed. Staley et al. v. Espenlaub et al. (Board of County Commissioners), 127 Kan. 627, 274 P. 261.

The history of the ease in the state court is this: It was instituted in January, 1928. The answer…