34 Cal. 563 | Cal. | 1868
This is >an action brought under section two hundred fifty-four of the Practice Act to determine an adverse claim to Subdivisions Twenty-eight, Thirty-one and Forty of One Hundred-vara Lot Humber Seven, in the City of San Fran
The point sought to be raised in regard to defects in the findings is not presented by the record. The exceptions do not appear to have been settled in the mode prescribed by the Act of 1861, (Stats. 1861, p. 589,) or in any other mode. The papers in the transcript relating to the exceptions, therefore, constitute no part of the record on appeal.
This is not a case like Knowles v. Inches, 12 Cal. 212. In this case the title, as between plaintiff and defendants, has been tried and determined as to a portion of the premises, and it has been found in favor of the plaintiff. The very object of the suit was to determine whether the defendants had any just claim or title to the premises as against plaintiff, and settle the question forever. The Court has determined that they have none, and we see no reason why it may not make its judgment effectual by restraining the defendants from further setting up a false claim. It has been, judicially determined that defendants have no just claim, estate or interest in a portion of the land, and, as to that portion, there is no reason why the plaintiff should be permitted to be further harrassed by them.
The proceedings in the case of Brooks v. Boss, by which it appeared that plaintiff had been put in possession under the writ of restitution in that case, was relevant to show the fact that he was so put in possession. It was relevant on the
We find no error in the record.
Judgment affirmed.