Eide v. Clarke

Both parties claim that their rights in this action are res adjudicata, by reason of the judgment in a former action between them.

The former action was commenced in October, 1891, by this plaintiff against this defendant to determine the adverse claims of the defendant to the land in question. Plaintiff alleged that he . was the owner of the land, and in possession, and that defendant claimed a lien adverse to him. Defendant, in his answer, denied plaintiff’s ownership and possession; set up a lien by reason of a mortgage held by him, and made by a third party, who, defendant alleged, was the…