Russell v. Mallon
California Supreme Court
Appeal Rom the District Court of the Fifth District, San Joaquin County. The suit was brought December 15th, 1866, to recover a lot of ground situated in the City of Stockton.
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Appeal Rom the District Court of the Fifth District, San Joaquin County. The suit was brought December 15th, 1866, to recover a lot of ground situated in the City of Stockton. The answer by defendant, Weeks, set forth, and the findings by the plaintiff, sustain the following allegations: That on the 3d day of March, 1866, the premises in dispute were in the possession of his co-defendant, Mallon, as tenant of the present plaintiff, on which day the said Weeks commenced suit against him for the same, alleging that he (Weeks) was the rightful owner of the same; that the answer of said Mallon…
1Opinion of the CourtRhodes, J.
The question here presented is the same as that which was discussed and passed upon in Valentine v. Mahoney *263(37 Cal. R. 389), which is, whether a judgment in an action of ejectment, in which the landlord of the defendant defends the action for and in the name of his tenant, and puts his own title in issue, is admissible in evidence, by way of estoppel, in an action of ejectment brought by the same plaintiff against such landlord. Upon the authority of that case, we hold that the Court below correctly admitted the judgment in evidence. That judgment being decisive of the question of title, it…
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