Lake v. Bender
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. I. All property acquired after marriage b}' either husband or wife, or by both, except that acquired by gift, bequest, devise or descent, is presumed to be community property, and the burden is on that party who would claim it as separate property, to overthrow this presumption.
Read the full summary
Appeal from the District Court of the Second Judicial District, Washoe County. I. All property acquired after marriage b}' either husband or wife, or by both, except that acquired by gift, bequest, devise or descent, is presumed to be community property, and the burden is on that party who would claim it as separate property, to overthrow this presumption. (Althof v. Conheim, 38 Cal. 230; Lewis, v. Lewis, 18 Call 654; Scott v. Ward, 13 Cal. 458 ; Pixley v. Huggins, 15-Cal. 127 ; Mott v. Smith, 16 Cal. 533; Kohner x.-Ashenauer, 17 Cal. 581; Burton v. Lies, 21 Cal. 91; Adams v. Knowlton, 22…
1DissentHawley, C. J.
I agree with the conclusions reached by the court that the court below had the power, and it was its duty, to grant a new trial of the issues relating to the property rights of the parties, if there was any error which materially affected the rights of the plaintiff; that all property owned by the defendant at the time of his marriage, and all property which has since been acquired with funds derived from the rents, issues and profits of such property, and all property acquired by an exchange of property owned by him at the time of his marriage, is his separate.property. But I am unwilling to…
2Cases cited4 opinions
- Schmeltz v. GareyTexas Supreme Court · 1878
- Williams v. McGradeSupreme Court of Minnesota · 1868
- Hooben v. BidwellOhio Supreme Court · 1847
- Hamilton v. BoothMississippi Supreme Court · 1877