Welton v. Cook
Citations
- 61 Cal. 481
- 1882 Cal. LEXIS 647
Syllabus
<p>Notice of Action—Action to Quiet Title—Estoppel bt Judgment.— In a former action to quiet title by one L. against the plaintiffs W. et al., notice of action was given by the plaintiff L. but none was given by W. et al., the defendants therein. In that action in the Court below L. had judgment, but on appeal to the Supreme Court the judgment was reversed and judgment ordered to be entered for the defendant W. et al., and such judgment was accordingly entered May 6, 1874. Pending.that action L. conveyed the premises to Marcus M. Cook, defendant in the present action, which was commenced August 12, 1876, the defendant M. M. C. claiming title and asking that his title be quieted—his co-defendant P. A. C. claiming as mortgagor of M. M. C. After judgment in the former action of L. v. 17. ei al., under a writ of possession, W. et al. were placed in possession; but in the present action the Court below also found that C. in May, 1866, went into possession under his deed from L. and ■ without other title had since that date to the dato of the findings in. December, 1879, held the possession adversely.</p> <p>Held : 1. By the notice of action filed by L. in the former action his grantee (Cook, defendant here) had notice that while L. claimed to be the owner of the premises, the defendants W. et al. claimed an interest therein adverse to him, and that the Court was asked to adjudicate upon the respective claims. 2. Admitting (which the Court does not) in such case, W. et al. were bound to file a notice of their claims for affirmative relief, the judgment of the Court that L. had no title was as much binding upon Cook, his grantee, as it was or would have been on L. himself.</p> <p>Effect of Reheaeing on Eobmeb Opinion.—After the first opinion in Corwin v. Hensley, 43 Cal. 260, was filed, a rehearing was granted, and in the judgment on rehearing the effect of the Us pendens filed by Corwin was expressly omitted from determination.</p> <p>Held: The first opinion in that case
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