21 Minn. 515 | Minn. | 1875
The plaintiff Doyle, alleging that he is owner in fee, and in possession of certain lands, brings this action to determine the adverse claim of defendant Hallam to the same. The defence is a former adjudication in an action brought by Hallam against Doyle, in the complaint in which
The complaint must be taken as alleging that Hallam, as owner in fee, was entitled to the immediate possession of the premises. It therefore tendered a material issue upon Hallam’s title in fee, her right of possession being based upon such title; and upon Doyle’s default, which was equivalent to a confession of the material facts alleged in the complaint, (Rowe v. Table Mountain Water Co., 10 Cal. 444,) the issue tendered as to title was determined in Hallam’s favor. It is not important that the judgment simply awarded possession to Hallam ; since, upon the complaint, her right of possession being dependent upon her title in fee, the award of possession involved a determination in favor of her alleged title. No after-acquired title having been shown by Doyle, we are therefore of opinion that the judgment in the former action is a bar to the present action.
The fictions accompanying the common law action of ejectment having no existence in our practice, the inconclusiveness which attached to judgments in ejectment, on account of those fictions, is no longer admitted. Marshall v. Shafter, 32 Cal. 176, and cases cited; Miles v. Caldwell, 2 Wall. 35 ; Sturdy v. Jackaway, 4 Wall. 174 ; Freeman on Judgments, § 299. So that if the former action were simply an action in the nature of ejectment, in the sense of being a substitute for ejectment, the judgment would be a conclusive determination of the questions litigated, unless a second trial was had, as provided in our statute relating to actions for the recovery of real property. Gen. Stat., ch. 75, §§ 5, 6.
But the former action tendered a distinct issue as to the title in fee to the premises in controversy. It was, there