Smith v. Ware

In this appeal, we consider whether the doctrine of res judicata bars a claim “to recover dower and damages” asserted by a litigant who had unsuccessfully filed a motion for judgment for unlawful detainer.

The parties stipulated the relevant facts. Presley M. Smith and Pauline A. Smith, husband and wife, lived in a residence in Goochland County until Mr. Smith’s death in 1982. Mr. Smith was the sole owner of record of the real property.

Mr. Smith died testate and his will and codicil were probated in November 1982. The will, which was executed in November 1975, devised the residence to Mr.…