Brown v. Higgins

The judgment of the lower court was rested on the proposition that the judgment in the action to- quiet title commenced in 1907 was conclusive and binding upon the appellants. Of the appellants here only Malesta Higgins *256was a party to that action. As to her it is no doubt conclusive. The other appellants are sons and daughters of the children of Fitch Higgins who were living at the time of his death. They were not parties to the action to quiet title, except as unknown heirs. Respondents contend that they were, nevertheless, represented in that action by their ancestors, who were parties…