Christy v. Spring Valley Water-Works

1. On the former appeal, this court held that the,decision of the court below, which -was based upon evidence of a new title acquired by the defendant after answer filed in the proceedings for partition, but before the rendition of any interlocutory decree therein, ivas erroneous; that the judgment in partition was conclusive upon all the parties as to any title or claim held by them at the time of its rendition. (68 Cal. 76.)

At the last trial, the defendant introduced in evidence entries in the registry of actions showing that the trial of the partition proceeding began on August 15, 1871;…