Gohr v. Beranek

Appellant raises several questions on this appeal. If we find, however, that the trial court correctly-held the issue to be res judicata, the other questions will be immaterial.

It is argued that this action is not the same as Beranek v. Gohr, supra, because the prior action was to quiet title whereas this involves the foreclosure of a mortgage. We have consulted the cases and briefs in Beranek v. Gohr and find that the complaint there alleged the ownership in Carl Gohr, the defendant, of the $4,000 mortgage and his occupancy of the premises. The relief sought was a judgment requiring him “to…