Eslinger v. Eslinger
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, Sutter County. The plaintiff brought this action to obtain a divorce from from her husband, and asked to be restored to the possession of certain lands which she claimed as her separate' property.
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Appeal from the District Court of the Tenth Judicial District, Sutter County. The plaintiff brought this action to obtain a divorce from from her husband, and asked to be restored to the possession of certain lands which she claimed as her separate' property. At the trial it was stipulated that the plaintiff and defendant intermarried in November, 1865; that at that time the plaintiff “owned” and “lived upon a possessory claim” of 160 acres of land, valued at $300; that after the marriage, the plaintiff and defendant lived together upon the land until 1869; that in the meantime the defendant…
1Opinion of the Court
By the Court:
On the facts disclosed by the record, we are of opinion that the tract of land containing eighty-eight acres is community property, and was properly so treated by the Court below. But the divorce was granted on the ground of extreme cruelty, alleged in the complaint to have been perpetrated by the husband on the wife. The acts of cruelty specified were frequent beatings; audit is alleged that on one occasion he kicked, choked and bit her, and stripped and flogged her on her naked person with a switch or rod four feet long, whereby she was bruised all over her body, *64and the blood…
2Cited by23 opinions
- Pereira v. PereiraCalifornia Supreme Court · 1909
- De Burgh v. De BurghCalifornia Supreme Court · 1952
- Arnold v. ArnoldCalifornia Court of Appeal · 1946
- McKannay v. McKannayCalifornia Court of Appeal · 1924
- McLellan v. McLellanCalifornia Court of Appeal · 1972
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