Graves v. Hebbron

Citations

• 125 Cal. 400
• 58 P. 12
• 1899 Cal. LEXIS 871

Syllabus

<p>Action to Quiet Title—Boundary Between Sections—Former Judgment in Ejectment.—In an action to quiet title brought by a patentee of a quarter-section of land against a patentee of adjoining land in another section, involving the location of the boundary line of the government survey between the sections, a former judgment in an action of ejectment brought by the defendant against the plaintiff, settling the location of the same boundary line in favor of the defendant, is admissible against the plaintiff as a former adjudication of the subject matter, though at the time of the trial and judgment the plaintiff was not a patentee of the quarter-section, but held a pre-emption receipt therefor.</p> <p>Id.—Effect of Pre-emption Receipt—Boundaries not Affected by Patent.—One holding a quarter-section of surveyed government land, under a final pre-emption receipt entitling him to a patent- therefor, acquires no new or greater right by his patent describing the same land described in the receipt, so far as the boundaries of his land are concerned. His final receipt is prima facie evidence of ownership, and is a “certificate of purchase,” within the meaning of section 1925 of the Code of Civil Procedure.</p> <p>Id.—Certainty of Former Judgment—Extrinsic Evidence.—In order to the operation of the former judgment as an estoppel, it must appear either upon the face of the record or be shown by extrinsic evidence that the precise question involved was raised and determined in the former action; and where there is uncertainty in the record of the former action of ejectment, extrinsic evidence is admissible to show that the boundary lines involved in the present action were in fact fixed and determined in the former action.</p>