Seidell v. Anglo-California Trust Co.

*924ADAMS, P. J.

I dissent. The question is whether a judgment in an unlawful detainer action is res judicata in an action in equity to set aside and cancel a sale under a trust deed and the trustees’ deed executed pursuant to such sale.

Section 1911 of the Code of Civil Procedure of California provides:

“That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto. ’ ’

A judgment is not res judicata nor an estoppel as to matters which could not properly be litigated in…