Flandreau v. Downey

Citations

• 23 Cal. 354

Syllabus

<p>Judgments are evidence in actions concerning the same matters for or against the parties thereto, as well as their privies in estate.</p> <p>A was the owner of certain houses and lots. B obtained a judgment against him; sold the property, and obtained a Sheriff’s deed. After B’s purchase, 0 commenced an action against A to foreclose a mechanic’s lien on the property, which lien had been recorded before B’s judgment had been docketed, but did not make B a party defendant. 0 obtained judgment of foreclosure, and had the property sold, and became the purchaser. A then purchased of B the title which he had acquired by his Sheriff’s deed. In an action brought by C against A to recover possession: held, that A was not estopped by C’s judgment from asserting the new title he had acquired by the deed from B.</p> <p>An estoppel by deed or matter of record should be pleaded as such, where there is an opportunity to plead it. Where no opportunity to plead it occurs, it is conclusive as evidence.</p> <p>If a record that has not been pleaded is offered in evidence as an estoppel, and no objection is' made at the time that the record has not been specially pleaded, the objection is deemed waived.</p> <p>In a suit in equity to enjoin a Sheriff and the plaintiffs in an execution from selling real estate, on the ground that the sale would be a cloud upon plaintiffs’ title, a judgment denying the injunction and dismissing the complaint is not an estoppel, so as to prevent plaintiffs from showing the truth upon the subject, in a subsequent action to recover possession of the property.</p>