Bolton v. Landers
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The complaint was in the usual form in ejectment. The answer denied the allegations of the complaint, arid set up in abatement of the suit the pendency of an action brought by defendant and his wife against plaintiff. The suit pleaded in abatement was brought by Landers and wife against Bolton, to quiet title to the same premises in controversy here.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The complaint was in the usual form in ejectment. The answer denied the allegations of the complaint, arid set up in abatement of the suit the pendency of an action brought by defendant and his wife against plaintiff. The suit pleaded in abatement was brought by Landers and wife against Bolton, to quiet title to the same premises in controversy here. It was stipulated in this case that .the statement in Landers and Wife v. Bolton, should be the statement in this case. The facts are found reported in…
1Opinion of the Court
By the Court, Currey, J.
This action is brought to recover the lands described in the complaint in the case of Landers and Wife v. Bolton. It involves the same questions decided in that case, and they must be determined in the same way.
The plea in abatement of the pendency of the action in the case of Landers and Wife v. Bolton cannot defeat this action. Although the same questions are litigated in both, the relief sought is different.
The effect of the denial of plaintiff’s title by defendant was to make him a trespasser, and he was not entitled to notice to quit. (Smith v. Ogg Shaw, 16 Cal.…
2Cases cited1 opinion
- Smith v. ShawCalifornia Supreme Court · 1860
3Cited by8 opinions
- City of Louisville v. Louisville Seed CompanyCourt of Appeals of Kentucky (pre-1976) · 1968
- McCarthy v. BrownCalifornia Supreme Court · 1896
- Coles v. YorksSupreme Court of Minnesota · 1883
- Simpson v. ApplegateCalifornia Supreme Court · 1888
- Levy v. HendersonCalifornia Court of Appeal · 1916
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