Jamison v. Garrett, 11568.

• Decision Date: 30 April 1953
• Docket Number: No. 11568.,11568.
• Citation: 205 F.2d 15,92 US App. DC 232
• Parties: JAMISON v. GARRETT.
• Court: U.S. Court of Appeals — District of Columbia Circuit

92 US App. DC 232, 205 F.2d 15 (1953)

JAMISON v. GARRETT.

No. 11568.

United States Court of Appeals District of Columbia Circuit.

Argued March 20, 1953.

Decided April 30, 1953.

Mr. Howard J. McGrath, Washington, D. C., with whom Mr. Herbert D. Horowitz, Washington, D. C., was on the brief, for appellant.

Mr. Robert H. McNeill, Washington, D. C., with whom Mr. T. Bruce Fuller, Washington, D. C., was on the brief, for appellee.

Before WILBUR K. MILLER, FAHY and WASHINGTON, Circuit Judges.

FAHY, Circuit Judge.

Appellant Maude Jamison, as executrix and sole beneficiary of the will of Sarah Louise Jamison, testatrix, filed suit to set aside a sale of real estate by the testatrix to appellee Sallie Day Garrett on the grounds of incapacity, inadequacy of consideration and inducement of the sale by threats, fraudulent representations and undue influence. The appeal is from an order of the District Court granting appellee's motion for summary judgment on the basis of res judicata.

In 1946 Maude Jamison was in possession of the property, where she ran a rooming house. Sarah Louise Jamison had record title to and lived on the premises. In February of that year she sold and conveyed the property to appellee who then filed an ejectment action against Maude Jamison. The latter's defense was that Sarah Louise Jamison had only naked legal title when she deeded the property to appellee and that equitable title belonged to Maude Jamison by virtue of an oral contract under the terms of which Sarah Louise Jamison retained only a right to live in the premises until her death, at which time title was to belong entirely to said Maude Jamison. It was asserted that appellee had actual knowledge of this agreement. Clarifying the alleged contractual arrangement a pretrial order recited that Maude Jamison "was to acquire record title of the property by the Will of the said Sarah Louise Jamison."

On March 28, 1947, the ejectment action was settled by a stipulation which provided that appellee would pay Maude Jamison $1,500.00 "in full payment of all her right, title and interest in and to" the premises; that Maude Jamison should retain all the rents and profits and certain personal property, and that she would deliver a "Quit-Claim Deed" at the conclusion of the action. Judgment, entered the same day, recited the provisions of the stipulation and provided:

"* * * that the plaintiff, Sallie Day Garrett appellee, be, and she hereby is, adjudged to be the owner in fee simple, subject to covenants, restrictions and encumbrances of record, but free and clear of all claims and demands whatsoever of the defendant appellant, Maude Jamison * * *."

The settlement agreement was carried out by both parties.

Appellant, executrix, contends that this prior judgment is not res judicata since she was sued in her individual capacity while now she sues in her representative capacity, §§ 12-101, 20-501, D.C.Code (1951), to enforce a right which was personal to her testatrix, and because the subject matter, issues and relief sought are different.¹ It might be that these differences render res judicata inapplicable, a question we do not decide, but we think the judgment below in any event should be affirmed because in the circumstances of the case Maude Jamison as executrix may not claim title inconsistent with the effect of the quit-claim deed which she gave individually as part of the settlement of the prior litigation.

Maude Jamison is sole beneficiary under the will of Sarah Louise Jamison. Her success in this litigation now pursued as executrix would inure solely to her individual benefit. This being so the ordinary distinction between her representative and her individual capacity is not material. Chicago, R. I. & P. Ry. v. Schendel, 1926, 270 U.S. 611, 46 S.Ct. 420, 70 L.Ed. 757. The principle applicable is stated in Huyler v. Dolson, 1905, 101 App.Div. 83, 86, 91 N.Y.S. 794, 796, as follows, though it was not there applied,

"It is doubtless true that one may not, in equity, where he alone is to be benefited, obtain to his exclusive use, by invoking in a representative capacity, what he would not be entitled to in his individual capacity. * * *"

Similarly, in Cook v. Baker, Tex.Civ.App., 1930, 27 S.W.2d 893, it was held that where an executor is also sole devisee the two interests are the same. While the decision was reversed on other grounds, Tex.Com. App., 1932, 45 S.W.2d 161, 165, the court pointed out:

"* * * that the will of Thomas Cook, having bequeathed all of his property to the plaintiff in error, John A. Cook, in the absence of debts against the estate, had the legal effect, when it was probated, as it was, to place into the lawful possession of the plaintiff in error all his property, subject only to such claims against the property as could lawfully be enforced when such property had passed out of the estate and into the sole legatee provided by the will."

The question in the end, therefore, is whether Maude Jamison could now recover in her individual capacity. We have seen that in the...