Johnson v. Johnson
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, County of Sacramento. A statement of facts appears in the opinion of the Court.
1Opinion of the Court 1
Counsel discussed at considerable length, and cited many authorities to sustain the proposition, that the partition and division of the common property of husband and wife, in case of divorce, must be made in the divorce suit, and that a separate action cannot be maintained. But as the Court did not pass upon that point directly, the argument is not given.
Second. The defendant owned the property before the marriage, and therefore it is not common property.
The statute provides that “ all property, both real and personal, owned by the husband before marriage, shall be his separate property.”…
Also in this document: Opinion of the Court · Terry.
2Cases cited13 opinions
- Blight's Lessee v. RochesterSupreme Court of the United States · 1822
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
- Willison v. WatkinsSupreme Court of the United States · 1830
- Society for the Propagation of the Gospel in Foreign Parts v. Town of PawletSupreme Court of the United States · 1830
- Jackson Ex Dem. Bradstreet v. HuntingtonSupreme Court of the United States · 1831
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3Cited by2 opinions
- Davidson v. WoodwardCourt of Appeals for the Ninth Circuit · 1907
- In re Estate of Foster, Superior Court of California, County of San Francisco1909