Altschul v. Doyle

Citations

• 55 Cal. 633
• 1880 Cal. LEXIS 336

Syllabus

<p>Estoppel—Former Judgment — Landlord and Tenant.—If a landlord defends for and in the name of his tenant, and puts his title in issue in aid of tho tenant’s right of possession, a judgment against the tenant is a bar to a subsequent action by the landlord against the party recovering the judgment. But it must appear that tho subject-matter or question was not only the same, but that it was submitted on the merits, and actually passed upon by the Court.</p> <p>Id.—Id.—Id.— Accordingly, in an action of ejectment, where there was a plea of a former judgment in favor of defendant against plaintiff’s tenant, and it appeared that the plaintiff was originally a party defendant, and conducted the defense, but that on the close of the testimony, on motion of the former plaintiff, the suit was dismissed as to him, and his deraignment of title stricken out, and that the Court refused to permit the defendants to show that they were his tenants, and to justify under his title: Held, that there was no estoppel, and that it made no difference that the rulings of the Court were erroneous, and that an appeal might have been taken.</p> <p>Id.—Id.—Id.— Statute op Limitations — Adverse Possession.—In an action to establish an involuntary trust as to real estate against Mary P., and to compel a conveyance of the legal title, it appeared that the cause of action accrued more than eight years before the commencement of tho action, but that the plaintiff was at that time in the possession of the land by his tenant, and remained so until about December, 1867, at which time the defendant entered upon the land by collusion with the tenant, and thenceforth claimed to hold adversely. Held, upon a plea of the Statute of Limitations, that the plaintiff was not barred.</p>