Calderwood v. Tevis

Citations

• 23 Cal. 335

Syllabus

<p>Where a demurrer is interposed to an answer, and the cause is tried by the Court without first disposing of the demurrer, and no objection is made at the time of trial, it is not such an irregularity as entitles the plaintiff to a new trial.</p> <p>If A brings an action against B to recover possession of land, and files a lis pen-dens, and during the pendency of the action, and after the lis pendens is filed, C purchases the land of B, and judgment is afterwards rendered against B, C is bound and estopped by the judgment.</p> <p>The mere possession and use of premises, as a homestead, does not of itself create any interest in the property, when the parties claiming the homestead have no title or estate therein.</p>