Morenhout v. Higuera

Citations

• 32 Cal. 289

Syllabus

<p>Issues in Partition.—If, between the parties to an action for partition, disputes exist as to their rights or interests in any respect, such disputes may be litigated and determined.</p> <p>Judgment in Partition.—A judgment in an action for partition is binding and conclusive as to title upon all the parties who are served with summons or appear, and a bar to a new action.</p> <p>Idem.—If the complaint in partition avers that a defendant has, or claims to have, some interest in the land, which interest is unknown to plaintiff, and a summons is served on such defendant, and he fails to appear, and the judgment does not give such defendant any interest, it is res adjudicata and estops him from recovering in a new action.</p> <p>Idem.—The effect of a judgment in partition is to be determined by our statute, and not by the common law.</p>