Ullrich v. Bigger

The opinion of the court was delivered by

Burch, J.:

The facts of this controversy are stated in Caldwell v. Bigger, 76 Kan. 49. After the adjudication in that action became final Ullrich sued Bigger and Bigger’s grantees for the land involved, claiming that Martin took title under the sheriff’s deed in trust for Ullrich. The defendants pleaded the proceedings in the former action, and at the trial the cause was rested upon such proceedings, including the evidence taken which had been duly preserved in the record made for this court. Judgment was rendered for the defendants, and Ullrich appeals.