Hancock v. Lopez

Citations

• 53 Cal. 362

Syllabus

<p>Judgment as Evidence in Ejectment.—In an action for the partition of a rancho, certain of the defendants alleged in their answer that they were the owners in fee of the whole rancho, and the Court having found that allegation to he true, rendered judgment accordingly in favor of those defendants. In an action of ejectment for a parcel of the lands of the rancho, brought by one of the defendants in the partition suit, and against persons who were parties to that action, or claimed title under them, the judgment in that action is admissible in evidence to prove title in the plaintiff in the action of ejectment, and is conclusive upon that issue in respect to the title held or claimed by the parties to that action at the time of its commencement.</p>