Moore

City of Los Angeles v. Moore

Good Law
31 Cal. App. 39·159 P. 872
Court of Appeal of CaliforniaJuly 6, 1916Civ. No. 1975.California813 words

Opinion

Lead Opinion

James, J.

This action was brought by the city of Los Angeles to condemn two certain strips of land lying on either side of Avenue 20, for the purpose of widening that thoroughfare. The only question to be considered on this appeal concerns the matter of the ownership of one parcel of land affected by the condemnation. The city of Los Angeles, the plaintiff, claimed that it was the owner of this parcel; the trial court, however, determined that the title was in respondent Carter. Carter, by his answer made to the complaint, pleaded a former adjudication as to this precise parcel of land, had in an action in which his predecessor in interest was the plaintiff and the city of Los Angeles a defendant. Carter maintained, in which contention he was sustained by-the trial judge, that by the judgment in the action last referred to, the municipality was estopped from again litigating the question of title. ' In • the action, the judgment in which Carter pleaded in bar, and' which we will hereafter refer to as the Fox case, the plaintiff there sought to quiet his title to a lot which he designated as lot 8 of the additional subdivision of the Hamilton Tract, as per map thereof recorded in Book 28, at…

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