Boyles v. Emery

The opinion of the court was delivered by

Hoch, J.;

A widow, holding a life interest in real estate, brought action to establish her ownership of certain permanent improvements and her right to remove them. The defendants, owners of the remainder title, asserted that the pleadings disclosed that the ownership of the improvements had been determined in a prior action, and they moved for judgment on the pleadings. The motion was overruled, and they appeal. The only issue is whether the interest of the parties in the improvements had become res judicata.

The material facts, alleged or admitted by…