Vaughan v. Barr

Does the doctrine of res judicata bar an action to establish an easement by necessity if the same parties have previously litigated a boundary line dispute? That is the single issue presented by this appeal.

In July 1989, J. Thomas Vaughan filed an action to fix the boundary lines between his property and that of coterminous owners Cecil H. and Mary J. Barr. Both Vaughn and the Barrs claimed a 98.61-foot strip of land as part of their parcel. The court concluded that the land in dispute in that action belonged to the Barrs. On August 6, 1990, the court denied Vaughn's motion for a new trial,…