Winkler v. Korzuszkiewicz

The opinion of the court was delivered by

Burch, J.:

The action was one of ejectment to obtain possession of land in Barton and Stafford counties, and for partition of the land in Stafford county. Plaintiff claimed under a contract for the land, specific performance of which was prayed for. Judgment was rendered for defendant on the pleadings, and plaintiff appeals. The question is whether relief was barred because of estoppel, pleaded in the answer, created by unsuccessful prosecution of a previous action to recover the same land, by plaintiff against defendant, based on a contradictory theory…