Crossman v. Davis
California Supreme Court
Appeal from a judgment of the Superior Court of the county of San Bernardino. It appears from the findings of the court below that the prior action referred to in the opinion as having been compromised and dismissed was an action for partition of the same real estate brought by the grantor of the appellant against the grantors of the respondent; and that the compromise involved a release and discharge of all claims between the parties, and the settlement and dismissal of…
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Appeal from a judgment of the Superior Court of the county of San Bernardino. It appears from the findings of the court below that the prior action referred to in the opinion as having been compromised and dismissed was an action for partition of the same real estate brought by the grantor of the appellant against the grantors of the respondent; and that the compromise involved a release and discharge of all claims between the parties, and the settlement and dismissal of another action. The further facts are stated in the opinion of the court.
1Opinion of the CourtWorks, J.
—Action for the partition of real estate. Findings and judgment for the defendant, that he was the owner of all the property in controversy.
The appeal is from the judgment, and comes to us on the judgment roll.
The only real question presented by the record is, whether or not a certain agreement between the grantors of the parties to this action, by which said parties compromised and dismissed an action pending between them, involving the title to this same property, was a bar to the plaintiff’s claim to an interest therein. The court below found that the dismissal of the action under a…
2Cases cited1 opinion
- Merritt v. CampbellCalifornia Supreme Court · 1874
3Cited by22 opinions
- Lamb v. HerndonCalifornia Court of Appeal · 1929
- Dockery v. Central Arizona Light & Power Co.Arizona Supreme Court · 1935
- Westbay v. GrayCalifornia Supreme Court · 1897
- Lindsay v. AllenTennessee Supreme Court · 1904
- Ghiringhelli v. RiboniCalifornia Court of Appeal · 1950
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