Galeener v. Reynolds

• Decision Date: 08 June 1937
• Docket Number: 27005.
• Citation: 69 P.2d 49,180 Okla. 200,1937 OK 368
• Parties: GALEENER et al. v. REYNOLDS et al.
• Court: Oklahoma Supreme Court

69 P.2d 49

180 Okla. 200, 1937 OK 368

GALEENER et al. v. REYNOLDS et al.

No. 27005.

Supreme Court of Oklahoma

June 8, 1937

Syllabus by the Court.

1. Action to quiet title; judgment rendered against J, B, and G B and G file motion for new trial within three days, which motion is sustained at a subsequent term of court, and the judgment is vacated "as to all parties interested in said litigation," and B and G are given time to file an amended answer and cross-petition. Thereafter judgment is again rendered against B and G, and the court therein corrects a mistake in the initials of J in the first judgment. Held, the court did not thereby vacate the judgment as to J.

2. Under section 193, O.S.1931 (12 Okl.St.Ann. § 180) providing, "When the petition has been filed, the action is pending, so as to charge third persons with notice of its pendency, and while pending no interest can be acquired by third persons in the subject matter thereof as against the plaintiff's title * * *," persons acquiring an interest in property under litigation after the filing of the action are bound by the judgment against their grantor.

Appeal from District Court, Oklahoma County; Lucius Babcock, Judge.

Action by Ada Dill Galeener and others against M. E. Reynolds and others. Judgment for defendants, and plaintiffs appeal.

Affirmed.

Everest McKenzie & Gibbens, of Oklahoma City, for plaintiffs in error.

Twyford & Smith and William J. Crowe, all of Oklahoma City, for defendants in error.

HURST Justice.

The plaintiffs, Ada Dill Galeener et al., filed this action, No 83392, against the defendants, M. E. Reynolds et al., to quiet title to certain lots in Oklahoma City. Reynolds filed an answer claiming title under a tax deed and also pleaded a judgment in his favor in a prior action as res adjudicata. The record shows that the prior action, No. 65678, was an action to quiet title to this same property instituted by Reynolds against F. P. Johnson, Ada L. Blocher, and W. N. Bogle, in which default judgment was rendered in favor of Reynolds and against all the defendants on June 6, 1931. Three days thereafter Blocher and Goble filed a motion for new trial which was sustained on May 20, 1933, and the order sustaining the motion for new trial recited that the judgment was "vacated and held for naught as to all parties interested in said litigation," and the defendants Blocher and Goble were given time to file an amended answer and cross-petition. Thereafter they filed their amended answer and cross-petition, and the case was tried on October 2, 1933, and judgment was again rendered in favor of Reynolds and against the defendants Blocher and Goble, and the journal entry of judgment of June 6, 1931, was corrected so as to recite the initials of Johnson as "F. P." instead of "E. P."; a mistake having been made in that respect in the prior judgment. Blocher and Goble appealed from the judgment and the same was affirmed by this court. Blocher v. Reynolds, 171 Okl. 527, 43 P.2d 405. Johnson filed no motion for a new trial, nor did he file any application to vacate the judgment of June 6, 1931, and no question is raised as to the regularity of the service on him.

The plaintiffs claim title to said property acquired from Johnson after cause No. 65678 was filed, and the record discloses that they were advised of the pendency of the action at the time they secured their interests. Judgment was rendered for ...