Drinkhouse v. Spring Valley Water Works

Citations

• 87 Cal. 253
• 25 P. 420
• 1890 Cal. LEXIS 1128

Syllabus

<p>Eminent Domain — Condemnation Proceedings — Lis Pendens — Lease after Suit Brought — Parties — Res Ad judicata. — Under section 1246 of the Code of Civil Procedure, one claiming an interest in land under a written lease executed pending an action to condemn the land is authorized to appear, plead, and defend his interest, though not named as a party to the proceedings; and where he fails to do so after he has notice of the proceeding, he is estopped by the judgment from claiming anything by virtue of his written lease, entered into subsequent to the filing of the Us pendens.</p> <p>Id.—■ Action to Enjoin Taking — Evidence.—Such lessee cannot maintain an action to enjoin the taking of the property condemned pursuant to the judgment; and the judgment roll in the condemnation proceedings, and the notice of Us pendens, are admissible evidence against him in bar of such action.</p> <p>Findings — Allegations not Denied.—Where some of the material allegations of the complaint are not denied, it is not necessary to find in relation to them.</p>