- 20 - Ms. Williams’ averments in the complaint that: “Plaintiff is the sole owner of the Property [Abagail Ranch]”, and “Plaintiff has obtained her ownership rights in the Property by operation of law and warranty deed.” Ms. Williams’ prayers for relief (including the prayer set forth above) were denied. Moreover, the State court’s findings and conclusions of law directly contradict petitioner’s averments in this case: “On November 16, 1981, * * * [decedent] sold the Abagail Ranch to his daughter Gail Chemodureau”, and “Gail is the true owner of the Abagail Ranch”. Respondent has satisfied the first of the Peck requirements; the identical issue was decided in the first suit (Cause No. 96-109) as is raised here, viz., whether decedent sold the Abagail ranch to Ms. Williams. Respondent has also satisfied the fourth of the Peck requirements; ownership of the Abagail ranch was actually litigated and the answer to that question was essential to the result in the first suit (Cause No. 96-109), i.e., that Ms. Williams held the Abagail ranch only as a constructive trustee for the benefit of the “Estate of [decedent]”. The Judgment in Cause No. 96-109 was entered, became final, and was satisfied. Petitioner has failed to show that the controlling facts or applicable law have changed since those events occurred. Thus, respondent has satisfied the second and fifth Peck requirements. Since petitioner does not challenge the third Peck requirement, viz., whether petitioner is a party, orPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011