Legal Opinion

Green v. Swift

California Supreme Court

Decided July 1, 1874No. 4,003PublishedCited by 1 opinion

Ejectment to recover a tract of land in Santa Barbara County, The action was commenced March 9, 1870. The demanded premises, on the 30th day of March, 1861, were conveyed by Alfred A. Green to Dolores L. Green, his wife, and thus became her separate property.

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Ejectment to recover a tract of land in Santa Barbara County, The action was commenced March 9, 1870. The demanded premises, on the 30th day of March, 1861, were conveyed by Alfred A. Green to Dolores L. Green, his wife, and thus became her separate property. The plaintiff, to recover, relied on a deed of the demanded premises given him by said Green and wife, duly acknowledged, so as to pass the wife’s separate property, dated March 10, 1865. The power of attorney given by the husband to Slosson, was dated May 23, 1863. Under this power, the wife, Dolores, and the husband, by Edward Slosson,…

1Opinion of the Court

By the Court, Rhodes, J.:

Both parties claim title through Dolores L. Green, wife of A. A. Green. The deed under which the defendant deraigns his title, was executed in 1864, by Dolores L. Green, and also purports to have been executed by A. A. Green, by Edward Slosson, his attorney in fact. A power of attorney, made by A. A. Green to Slosson, was introduced in evidence, against the plaintiff’s objections. The law in force at the time of the- execution of the deed required the deed, by whom the separate real estate of a married woman is conveyed, to be signed by both husband and wife. It…

2Cited by1 opinion

  1. Gagliardo v. DumontCalifornia Supreme Court · 1880

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