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State court of last resort · ST-VA-SC
Gunter v. Martin
No. 100305Supreme Court of Virginia
100305 Gunter v. Martin 04/21/2011 In a suit to quiet title and for allotment of property in lieu of partition filed by a plaintiff who alleged that he was the biological heir of a decedent, the remedy sought …
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100305 Gunter v. Martin 04/21/2011 In a suit to quiet title and for allotment of property in lieu of partition filed by a plainti…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Apr 21, 2011
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Docket entry
100305 Gunter v. Martin 04/21/2011 In a suit to quiet title and for allotment of property in lieu of partition filed by a plaintiff who alleged that he was the biological heir of a decedent, the remedy sought with respect to his alleged interest in the property was different from that sought in a prior action filed four years earlier against the same defendant. Thus, an element required to prevail on a plea of res judicata as that doctrine existed prior to the effective date of Rule 1:6 has not been established in this case. The judgment of the circuit court is reversed and the case is remanded for further proceedings consistent with this opinion.
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