Kraemer v. Kraemer
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. Action to obtain a divorce, and for a division of the property. The plaintiff and defendant married in the State of Illinois, in 1843. In 1865, the plaintiff and defendant had acquired, in Illinois, by their labor, several thousand dollars in money, and the defendant came to California and purchased with the same about three thousand acres of land in' Los Angeles County.
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. Action to obtain a divorce, and for a division of the property. The plaintiff and defendant married in the State of Illinois, in 1843. In 1865, the plaintiff and defendant had acquired, in Illinois, by their labor, several thousand dollars in money, and the defendant came to California and purchased with the same about three thousand acres of land in' Los Angeles County. In 1867, the spouses removed to California with their children. By the statutes of Illinois, when the parties lived there and removed from…
1Opinion of the Court
The money used in the purchase of the land was not the separate property of the husband. (Smith v. Smith, 12 Cal. 224 Story’s Conflict of Laws, secs. 186, 454.) In an action for a divorce and division of property the law rei sitce determines the-character of the real estate, as between the parties. Each State-impresses on property within its limits the character which it. may deem expedient. (Story’s Conflict of Laws, sec. 447.) The law of community is a real law. Hence a change of domicile can never affect the interests of the husband and wife in their real property, because those interests…
2Cases cited4 opinions
- Smith v. SmithCalifornia Supreme Court · 1859
- Oliver v. RobertsonTexas Supreme Court · 1874
- Ramsdell v. FullerCalifornia Supreme Court · 1865
- George v. RansomCalifornia Supreme Court · 1860
3Cited by31 opinions
- Tomaier v. TomaierCalifornia Supreme Court · 1944
- Addison v. AddisonCalifornia Supreme Court · 1965
- Jackson v. TorrenceCalifornia Supreme Court · 1890
- Kuchel v. MillerCalifornia Supreme Court · 1947
- Estate of ThorntonCalifornia Supreme Court · 1934
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