Kesler v. Fentress

In this boundary-line proceeding, the trial court entered judgment on a jury verdict that awarded the plaintiff, Emlet Fleet-wood Fentress, title to the land in dispute. In a prior action for trespass involving the same land, the present defendant, Robert M. Kesler, had recovered a judgment for damages against Mrs. Fentress’ cotenant. The dispositive question is whether the doctrine of collateral estoppel barred relitigation in the instant proceeding of the issue concerning title.

The trespass action was filed July 11, 1974, by Kesler against Mrs. Fentress and her husband, Sherman A. Fentress.…