Barrett v. Birge

Citations

• 50 Cal. 655

Syllabus

<p>Abatement of Action of Ejectment.—In this State, the action of ejectment does not abate by the death of the defendant pending the action, but survives, and the representative of the deceased may be substituted in his stead.</p> <p>Effect of Covenant in Deed.—If a conveyance of the right, title and interest of the grantor contains a covenant of warranty of title, and the grantor, at the date of the conveyance, has no title, hut afterwards acquires it, the covenant does not enlarge the estate conveyed so that the title afterwards acquired by the grantor vests in the grantee.</p> <p>Substitution of a Plaintiff in Ejectment.—If, in an action of ejectment, a new plaintiff is substituted in place of the original plaintiff, the issues are not changed, but the title to be tried is tho title of the original plaintiff, and the new plaintiff cannot deraign an independent title, but must rely on the title which the first plaintiff had at the commencement of tho action.</p> <p>Estoppel by Judgment.—If, during the pendency of an action of ejectment, a now plaintiff is substituted for the original one, and judgment is rendered for the defendant, the substituted plaintiff is not estopped by tho judgment from afterwards maintaining an action on a title not derived from the original plaintiff in the first action, and which was not litigated in that action.</p>