Searle Brothers v. Searle
Supreme Court of Utah
588 P.2d 689 (Utah 1978)
Relevant factsFree
In Edlean and Woodey Searle's divorce, the court awarded Edlean (defendant) property titled in Woodey's name as marital property; Woodey's business partnership with his sons (plaintiff) then separately sued Edlean claiming a one-half partnership interest in that same property, arguing it had been purchased with partnership funds, and the lower court held issue preclusion barred the action.
IssueFree
Whether a partnership can bring a subsequent claim regarding property if a member of the partnership was a party to the original action regarding the property.