108 Cal. 146 | Cal. | 1895
Action to quiet title. Plaintiff had judgment, from which and an order denying her motion for a new trial defendant appeals.
2. The evidence in the case entirely failed to establish the defense of the statute of limitations, and the court below correctly found against defendant upon that issue. The effect of the judgment against Cornelius Jensen, defendant’s predecessor, was to estop the latter, and the defendant who claims under him, from asserting title adverse to plaintiff anterior to the entry of that judgment (Freeman on Judgments, secs. 300, 309; Marshall v. Shatter, 32 Cal. 195; People v. Center, 66 Cal. 559, 562); and the period that elapsed intermediate the final judgment in the action of Riverside Land & Irrigating Company v. Cornelius Jensen and the commencement of the present action was not sufficient to
3. Nor did the court err in refusing defendant leave to amend her answer by setting up that the premises in dispute were included in the former judgment by mistake. Assuming that such defense could have availed defendant in avoiding the otherwise conclusive effect of that judgment, there was an entire want of any such showing as would have justified the court in granting such leave.
Judgment and order affirmed.
Harrison, J., and Garoutte, J., concurred.