Vance v. Olinger

Citations

• 27 Cal. 358

Syllabus

<p>Former Suit Pending as a Defense in Ejectment.—A defendant in an action to recover the possession of land is not entitled to a judgment of dismissal on the ground that a former suit between the same parties, brought for the recovery of the same land, is still pending, -unless it is averred in the answer that the second action is for the same injury as the first, and that the same matters are in issue that were in issue and might have been tried in the first action.</p> <p>Suits in Ejectment.—A party may have two suits against the same defendant for the recovery of the same land pending at the same time, if the second is brought on a title acquired after the commencement of the first.</p>