McNeil v. Ketchens

Neighbors disputed ownership of a narrow triangle-shaped piece of driveway. Appellate Court had earlier held that Plaintiffs had acquired land not by deed but by adverse possession, and affirmed trial court's judgment in part and reversed it in part, without remand. Trial court then entered Judgment Order as to Defendant, and Default Judgment Order as to unknown owners and nonrecord claimants. Defendant appealed both Orders, but Appellate Court here upholds both Orders, as they caused Defendant no prejudice, and only echoed Appellate Court's prior holdings, and as res judicata bars Defendant from relitigating ownership of land. Default Judgment Order does not concern Defendant, and nonjoinder of certain beneficiaries does not make judgment against Defendant void. (POPE, concurring; TURNER, specially concurring.)