Christy

1. On the former appeal, this court held that the,decision of the court below, which -was based upon evidence of a new title acquired by the defendant after answer filed in the proceedings for partition, but before the rendition of any interlocutory decree therein, ivas erroneous; that the judgment in partition was conclusive upon all the parties as to any title or claim held by them at the time of its rendition. ( 68 Cal. 76 .)

At the last trial, the defendant introduced in evidence entries in the registry of actions showing that the trial of the partition proceeding began on August 15, 1871; the taking of evidence was concluded on the day following; the case was argued and submitted on September 10th following; and the interlocutory decree was entered on October 13, 1871. The deed from Turner to defendant is dated August 28, 1871; it was acknowledged October 6, .1871, and recorded October 12, 1871. Appellant insists that upon this showing it is not a case of title procured pendente lite, which it was bound to disclose at the hearing for adjudication in the partition proceedings, and forcible reasons are presented in support of the contention. But discussion of the proposition…