Bruning v. Bruning

In an action to declare certain deeds to be void on the ground of fraud, and for other relief, plaintiff appeals from an order, referred to as a “ judgment and order ”, granting the motion of defendant Olive R. Bruning to dismiss the complaint on the ground of res judicata, pursuant to rule 107 of the Rules of Civil Practice. Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. The judgment which is claimed to constitute the bar to the action was rendered in an action in which plaintiff sought to establish an agreement on the part of the respondent to reconvey…