Metcalf v. American Surety Co. of New York

YAN OSDOL, C.

The trial court rendered judgment of dismissal of plaintiffs’ petition, denominated “Slander of Title,” in which petition plaintiffs had sought to recover $12,000 damages; and prayed for the further relief of divesting of title to described real estate out of defendants and the vesting thereof in plaintiffs. Plaintiffs have appealed.

Bes judicata is the decisive issue for review.

The petition in the instant action alleged that plaintiff Amanda A. Metcalf was the owner of described property, realty and personalty; that July 30, 1940, Amanda A. Metcalf entered into trust agreement…