Jensen

Action to quiet title. Plaintiff had judgment, from which and an order denying her motion for a new trial defendant appeals.

*147 1. The objection of defendant to the introduction in evidence of the judgment-roll in the action of Riverside Land & Irrigating Company v. Cornelius Jensen was properly overruled. That was an action brought by the plaintiff here against the testator and predecessor in interest of this defendant to quiet plaintiff’s title to certain lands, including the premises in controversy in this action, and in which final judgment was entered quieting plaintiff’s title to the land in suit. It was not required of plaintiff to plead said judgment in order to be entitled to prove it. The complaint was in the usual form and was sufficient (Rough v. Simmons, 65 Cal. 227 ; Heeser v. Miller, 77 Cal. 192 ; Castro v. Barry, 79 Cal. 447 ); and such an allegation would have been improper, as it is never necessary m such an action to plead deraignment of title. That is matter of evidence purely. While as a general rule it may be necessary to plead estoppel by former judgment, that rule does not apply when, as under our system, no opportunity is afforded the plaintiff to plead…