Von Rosenberg v. Perrault
Idaho Supreme Court
APPEAL from District Court, Ada County. The statute, under and by reason of which the plaintiff asserts title to one-half the property in question, reads as follows : “Upon the dissolution of the community by the death of either the husband or the wife, one-half of the common property shall go to the survivor and the other half to the descendants of the deceased husband or wife; the whole, however, is subject to payment of the debts of the deceased.
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APPEAL from District Court, Ada County. The statute, under and by reason of which the plaintiff asserts title to one-half the property in question, reads as follows : “Upon the dissolution of the community by the death of either the husband or the wife, one-half of the common property shall go to the survivor and the other half to the descendants of the deceased husband or wife; the whole, however, is subject to payment of the debts of the deceased. If there be no descendants of the deceased husband or wife, the whole shall go to the survivor subject to such payment. (8th Sess. Laws of Idaho…
1Opinion of the CourtQuables, J.
The plaintiffs (appellants here) brought their suit in the court below for a partition of certain lands described in the complaint, and in which they claim to be part owners, and tenants in common with certain of the defendants, The facts of the case, as they appear in the record, are substantially as follows: John L. Stephens, in 1867, married the mother of plaintiffs, who is known in the record only as “Cordelia B. Stephens.” During coverture of said John L. and *723Cordelia B. Stephens, they acquired the lands described in the complaint, as community property — the title being conveyed to said…
2Cases cited6 opinions
- Burleson v. BurlesonTexas Supreme Court · 1866
- Carter v. ConnerTexas Supreme Court · 1883
- Johnston v. S.F. Savings UnionCalifornia Supreme Court · 1888
- Jones' Adm'r v. JonesTexas Supreme Court · 1855
- Johnston v. San Francisco Savings UnionCalifornia Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ewald v. HuftonIdaho Supreme Court · 1918