Boggs v. Clark
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Napa County. This was an action of ejectment, to recover a tract of land in Napa County.
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Appeal from the District Court, Seventh Judicial District, Napa County. This was an action of ejectment, to recover a tract of land in Napa County. The portion of defendant’s answer alluded to in the opinion of the Court, which was stricken out in the Court below on plaintiff’s motion, set up substantially that in an action by Fowler and Hargrave v. Harbin et al., to foreclose a mortgage on the lands of Harbin, judgment passed for the plaintiffs therein, whereupon the mortgaged lands were by the Sheriff duly sold and conveyed.by deed to the plaintiff in this action under an order of sale duly…
1Opinion of the Court
By the Court, Sprague, J.:
The new matter stricken out from defendant’s answer on motion of plaintiff, admitting the same to be true as stated, constitutes no bar to plaintiff’s right of recovery, and is no valid legal defense to his action, hence it was properly stricken out. A judgment to operate as an estoppel must he a judgment of a Court of competent jurisdiction upon the same subject matter, in a cause regularly tried on its merits upon issues duly joined by proper pleadings in such Court between the same parties or their privies. The motions and orders of the Court in the causo of…
2Cited by10 opinions
- Storke v. StorkeCalifornia Supreme Court · 1901
- Churchill v. FlournoyCalifornia Supreme Court · 1899
- Galbraith v. LoweCalifornia Supreme Court · 1904
- United States v. WilliamsMontana Supreme Court · 1887
- Tiffany Productions of California, Inc. v. Superior CourtCalifornia Court of Appeal · 1933
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