Woolverton v. Baker

Citations

• 98 Cal. 628
• 33 P. 731
• 1893 Cal. LEXIS 966

Syllabus

<p>Conveyance in Consideration of Support—Action to Comped Reconveyance— Estoppel of Former Judgment.—In an action to compel a reconveyance of land alleged to have been conveyed to one of the defendants upon the sole consideration and condition that the grantee would apply a sufficient portion of the rents for her support and maintenance during life, on account of the alleged breach of such condition, a judgment in a former action between the same parties, the complaint in which set up the same conveyance, and alleged that it had been made upon the sole consideration that the grantor should hold the same in trust for her, and that the rents, issues, and profits should be applied in providing for her support and maintenance during life, and that they had not been so applied, and sought a judgment that she was the owner of the premises, as against the defendants, and that the premises be reconveyed to her, in which action the court adjudged that the defendants as against the plaintiff were the owners of the land in fee-simple, free and clear of any and all trusts, exceptions, limitations, and conditions set forth and alleged in said complaint, constitutes a complete defense and bar to the new action by way of estoppel.</p> <p>Id. — Immaterial Change of Allegation—Violation of Trust—Breach of Condition—Litigation by Piecemeal.—The change of the allegation of the violation of a trust in the former action to that of a breach of condition alleged in this action is immaterial, the cause of action being substantially the same in both actions. A party cannot litigate his cause of action by piecemeal, and after a judgment against him seek in another action to obtain relief dependent upon the transaction therein adjudged, by bringing forward claims and demands properly belonging to the first action, and which should have been alleged in the complaint therein as part of the facts constituting the cause of action.</p> <p>Id.—Conolusiveness of Judgment.—A judgment is conclusive n