Estate of Theodore C. Chemodurow, Deceased, Gail C. Williams, Executor - Page 22




                                       - 22 -                                         
          machinery.”  The State court entered judgment against Ms.                   
          Williams, and in favor of the plaintiffs, on every count in her             
          counterclaim.                                                               
               For substantially the same reasons as with the Abagail                 
          ranch, we conclude that the Peck requirements are satisfied with            
          respect to the ranch equipment.  Issues of fact were decided by             
          the State court following a trial.  The State court rejected                
          Ms. Williams’ claim that she (rather than the estate) owned the             
          ranch equipment.  That is the same issue before us.  Resolution             
          of that issue was essential to the outcome reached by the State             
          court.  The Judgment in Cause No. 96-60 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.  Petitioner does not question whether petitioner           
          is a party, or in privity to a party, to the prior judgment.                
          Respondent has, therefore, satisfied all of the Peck                        
          requirements.                                                               
                    3.  Exercise of Discretion                                        
               Petitioner argues that we should exercise our discretion to            
          preclude respondent’s claim of estoppel.  First, petitioner                 
          argues that Ms. Williams did not have the incentive to defend               
          vigorously the issue of ownership of the Abagail ranch in the               
          State court.  In the Williams declaration, Ms. Williams states:             
               [DV 96-109] was a quiet title action which I commenced                 
               for the sole purpose of removing as a lien against the                 





Page:  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