Amesti v. Castro

Citations

• 49 Cal. 325

Syllabus

<p>Estoppel by Judgment in Ejectment.—The general rule is that when a title is put in issue, and tried in an action of ejectment, the judgment will conclude the parties and their privies from again litigating the same title.</p> <p>Idem.—The claimant of an inchoate Mexican grant, who has commenced proceedings to have the grant confirmed by the United States Courts, has not the same title, within the meaning of the above rule, that he has after the grant has been confirmed, surveyed and patented, and is not therefore estopped, after the patent issues, by a judgment in ejectment rendered against him before the confirmation, survey and issuance of the patent.</p> <p>Idem.—Although the State Courts may adjudicate rights claimed under an inchoate Mexican grant, yet if such adjudication be adverse to the claimant, the judgment will not conclude him from asserting his rights in a new action, if, when his claim is confirmed and patented, the land formerly in litigation is within the calls of his patent.</p>