Does the privity rule apply to bind those who succeed to an interest in property where rights in the interest have been litigated to judgment by a predecessor in interest?

California, United States of America


The following excerpt is from St. Sava Mission Corp. v. Serbian Eastern Orthodox Diocese, 223 Cal.App.3d 1354, 273 Cal.Rptr. 340 (Cal. App. 1990):

The privity rule is commonly applied to bind those who succeed to an interest in property where rights in the property have been litigated to judgment by a predecessor in interest. (See, e.g., Knodle v. Jeffrey

Page 354

The rule of privity may also be applied where a party to a lawsuit represents a nonparty who has a concurrent interest in property that is the subject of the lawsuit. Thus, for example, in Furgatch v. Butler (1988) 188 Ill.App.3d 1060, 136 Ill.Dec. 616, 545 N.E.2d 140 the court concluded an owner of real property was bound by an adjudication of property rights obtained by the lessor's lessee. (136 Ill.Dec. at p. 619, 545 N.E.2d at p. 143.)

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