- 21 - in privity to a party, to the prior judgment, we conclude that it is satisfied. Respondent has, therefore, satisfied all of the Peck requirements. 2. The Ranch Equipment In Cause No. 96-60, plaintiffs claimed that, by the livestock agreement, decedent leased to them the Abagail ranch and, in connection with that lease, agreed to provide and maintain the ranch equipment for their use. The State court found that the livestock agreement was a valid contract, and the intent of the parties to the livestock contract was to make it binding on their respective heirs, personal representatives, and assigns (including Ms. Williams, as decedent’s personal representative). Plaintiffs claimed that Ms. Williams, “individually and as personal representative of the Estate [of decedent]”, had breached the livestock agreement specifically, that provision of the agreement by which decedent agreed to provide and maintain the ranch equipment for plaintiffs’ use. In the answer and counterclaim, Ms. Williams averred that she owned the ranch equipment. She prayed for a judgment on her counterclaim that, among other things, “the Plaintiffs return to the Defendant the possession of the Truck * * * [and] tractor and other farm and ranch equipment unlawfully held by the Plaintiffs”. The State court found that, with respect to the ranch equipment: “[T]here was nothing presented at trial to indicate that she [Ms. Williams] paid anything for thePage: 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