Thrift v. Delaney

Citations

• 69 Cal. 188
• 10 P. 475
• 1886 Cal. LEXIS 651

Syllabus

<p>Ejectment—Judgment in when not a Bab.—On the 20th of January, 1879, the land in controversy was public land of the United States, and open to pre-emption or homestead entry. On that day, one Thrift made a homestead entry upon it by filing with the register and receiver of the proper United States land-office the requisite application and affidavit, and paying them their fee and commission. On the 15th of April, 1879, the defendant, Delaney, brought an action against Thrift to recover the possession of the land. The complaint alleged that Delaney was the owner and seised in fee of the premises, and that Thrift had entered and ousted him therefrom. The answer was a specific denial of these allegations. On the trial, Delaney offered no evidence of a paper title, but relied solely on evidence of prior actual possession and inclosure of the land. Thrift contested his right to recover on that ground, but did not offer any evidence of his homestead entry. Judgment was rendered in favor of Delaney, under which he was placed in possession. Subsequently Thrift commuted his homestead entry to a cash entry, and a United States patent for the land was issued to him. Thereafter he commenced the present action to recover possession of the land, in bar of which the defendant pleaded the former judgment in his favor. Held, that the judgment was not a bar, as the patent based upon the cash entry gave the plaintiff a new title, which was not put in issue in the former action.</p> <p>Id. —Conclusiveness of Judgment—Subsequent Title. —-A judgment in an action to recover the possession of real property under the Code of Civil Procedure is conclusive between the parties and their privies as to all matters put in issue and passed on in the action, and is a bar to another action between them when the same matters are directly in issue. The bar of such a judgment is, however, limited to the rights of the parties as they existed at the time when it was rendered, and neither the parties nor