Hamm v. Arnold

Citations

• 23 Cal. 373

Syllabus

<p>Ajrnoed commenced a suit in equity against Hamm, Gallup & Gwin, averring that he was in possession of a tract of land, and Gallup had executed a deed of the land to Gwin in 1856, in trust for Hamm, and that neither Gallup nor Gwin had any title to the land; and asking6that this adverse claim be adjudged null and void. Hamm answered, denying that he claimed any interest in the land under the deed. On the trial the complaint was dismissed as to Hamm, and judgment rendered against the other defendants. Arnold, in 1857, purchased the land at a sale on an execution issued on a judgment against Packard Hamm, grantor. Hamm afterwards brought an action against Arnold to recover possession of the land: held, that Arnold was not estopped by the judgment in the equity suit dismissing his complaint as to Hamm, from proving title under his Sheriff’s deed.</p>