Smith v. Smith
California Supreme Court
Appeal from the Sixth-District, County of Sacramento. This was an action brought by the plaintiff, Augusta J. Smith, against the defendant, Frederick C. Smith, for a divorce from the bands of matrimony between the said parties, and a division of the common property. The plaintiff asked for the dissolution of the marriage contract on the ground of the commission of adultery by the defendant, after his marriage with her. This charge was denied by the answer.
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Appeal from the Sixth-District, County of Sacramento. This was an action brought by the plaintiff, Augusta J. Smith, against the defendant, Frederick C. Smith, for a divorce from the bands of matrimony between the said parties, and a division of the common property. The plaintiff asked for the dissolution of the marriage contract on the ground of the commission of adultery by the defendant, after his marriage with her. This charge was denied by the answer. The case was tried in the Court below without a jury, and a decree of divorce granted. The question of the separate and common property of…
1Opinion of the CourtField, J.
It is clear that the two lots in question were purchased by the husband with funds owned by him previous to his marriage with the plaintiff. This he expressly states in his examination, and there is nothing disclosed by the record which contradicts his testimony. In this separate property of his, the plaintiff possessed no interest which the law could protect so as to restrain his power of absolute disposition, whether by sale or gift. The purchase of the lots and taking the conveyance in the name of his children by a previous marriage, was not in fraud of any rights of the plaintiff. She had…
2Cases cited7 opinions
- Chapman v. AllenTexas Supreme Court · 1855
- Beard v. KnoxCalifornia Supreme Court · 1855
- Gilliard v. ChessneyTexas Supreme Court · 1855
- Smalley v. LawrenceSupreme Court of Louisiana · 1844
- Lott v. KeachTexas Supreme Court · 1849
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3Cited by32 opinions
- Stewart v. StewartCalifornia Supreme Court · 1926
- Tolman v. SmithCalifornia Supreme Court · 1890
- Shaw v. BernalCalifornia Supreme Court · 1912
- Peck v. VandenbergCalifornia Supreme Court · 1866
- Fields v. MichaelCalifornia Court of Appeal · 1949
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