The plaintiff claims as heir of Vicente de la Ossa, and so deraigns title in her complaint. The title to the land designated in the patent vested in her, not directly from the Government, but derivatively through her father, the deceased patentee, " as if the patent had issued to the deceased person during his life." (Act of Congress of May 20th, 1836; Leese v. Clark , 18 Cal. 571; Waterman v. Smith , 13 id. 419; Steinbach v. Stewart, 11 Wall. 575.) The plaintiff therefore, as heir of Vicente de la Ossa, is estopped by the judgment against his administratrix, entered October 7th, 1878. (Cunningham v. Ashley , 45 Cal. 485; Meeks v. Vassault, 3 Saw. 206.)
JUDGES: Thornton, J., sitting for Ross, J., the latter being disqualified.
OPINION The Court:
The rights of the parties herein were fully determined by the judgment in the action brought in the Seventeenth Judicial District Court by Rita Giullen de la Ossa, administratrix of the estate of Vicente de la Ossa, deceased, against the present defendant and others. A simple inspection of the judgment rolls in that action and in this makes the former adjudication of the title clearly apparent.
Judgment and order affirmed.