Cooper v. Cooper

ALMON, Justice.

The appellant brought this action to establish an equitable mortgage on certain land owned by the estate of his deceased father, James W. Cooper, Sr. The circuit court granted summary judgment in favor of the estate.

The answer to the complaint and motion for summary judgment set forth the defense of res judicata, estoppel, laches and the ten-year statute of limitations.

The defense of res judicata is based upon a prior suit filed by James W. Cooper, Sr., against the appellant and James W. Cooper, Sr.’s other children. This prior suit involved title to the land here in question…