Searle Brothers v. Searle

588 P.2d 689 (Utah 1978)

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Nature of the Case

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Facts

Edlean Searle (D) sued Woodey Searle for divorce. The divorce court determined that a piece of property known as the 'Slaugh House,' which was recorded in Woodey's name, was part of the marital property. The court awarded the entire property to D. Woodey had argued that he had a half interest in the property and that the other half was owned by a partnership with his sons as partners. Searle Brothers (P), the partnership, sued D, claiming an undivided one-half interest in Slaugh House. The trial court held that res judicata, and collateral estoppel barred the action by P.