Nielsen

An actionto quiet plaintiff’s alleged title to certain real property described in the complaint as lot 24 in block 131 according to that certain map entitleod Resubdivision of Block 131, as per Keller Berger’s Map of Oakland, Alameda County, California, filed February 27, 1890, in the office of the county recorder of Alameda county.

The action was against M. L. Emerson as trustee under the last will and testament of B. Agnes Nielsen, deceased. Defendant trustee, after denying plaintiff’s ownership, averred that plaintiff was estopped from maintaining the action by reason of a previous judgment in action number 90545 entitled “Mads Nielsen, plaintiff, versus M. L. Emerson and M. L. Emerson as trustee under the will of B. Agnes Nielsen, deceased, defendants’’, filed in the Superior Court of Alameda County, and which judgment was entered on October 8, 1928.

The court found in accordance with the allegations of the answer and rendered judgment against plaintiff, who has appealed therefrom.

The facts are as follows: On April 30, 1925, said B. Agnes Nielsen, who was plaintiff’s wife, died, leaving a will, by which she bequeathed her estate, including the real property above…