Rich v. Tubbs
California Supreme Court
Appeal from the District Court oí the Fourth Judicial ■ District, City and County of San Francisco. The first husband of the plaintiff, Mary Elizo Rich, was-Mr. Tubbs. To them were born two children during wedlock. At the time of her marriage with Mr. Tubbs she had property, with which, at her request, he purchased the land in controversy.
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Appeal from the District Court oí the Fourth Judicial ■ District, City and County of San Francisco. The first husband of the plaintiff, Mary Elizo Rich, was-Mr. Tubbs. To them were born two children during wedlock. At the time of her marriage with Mr. Tubbs she had property, with which, at her request, he purchased the land in controversy. Tubbs and wife filed a declaration of homestead in January, 1861. Tubbs took the conveyance to himself, and afterwards died, and the widow married the other plaintiff, Chaides E. Rich. This action was brought to quiet the title to the land thus purchased,…
1Opinion of the Court
By the Court, Rhodes, C. J.:
The facts found by the referee, fully establish that, as between the female plaintiff and her then husband, the premises in controversy were the separate property of the wife. The declaration of homestead was executed by both husband and wife, under the Act of 1860; and assuming that the separate property of the wife may be dedicated as a homestead, two questions arise for consideration:
First—What was the effect of the, order of the Probate Court, setting apart the homestead for the use of the family of the deceased husband? The Probate Court, in setting apart…
2Cases cited2 opinions
- In re Estate of DelaneyCalifornia Supreme Court · 1869
- In re Estate of OrrCalifornia Supreme Court · 1865
3Cited by15 opinions
- In Re Estate of BradyCalifornia Supreme Court · 1915
- Levins v. RovegnoCalifornia Supreme Court · 1886
- Sonnicksen v. SonnicksenCalifornia Court of Appeal · 1941
- Collins v. ScottCalifornia Supreme Court · 1893
- In Re the Estate of FathCalifornia Supreme Court · 1901
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