Higgins v. Higgins
California Supreme Court
Appeal from the District Court of the Third Judicial District, City and County of San Francisco. Ejectment to recover a lot on Howard street, San Francisco, twenty-five feet front by one hundred and ten. feet deep. The plaintiffs were the children of Solomon Higgins by his first wife. Solomon Higgins, on the 8th day of April, 1872, deeded the demanded premises to the plaintiff Goldstone.
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Appeal from the District Court of the Third Judicial District, City and County of San Francisco. Ejectment to recover a lot on Howard street, San Francisco, twenty-five feet front by one hundred and ten. feet deep. The plaintiffs were the children of Solomon Higgins by his first wife. Solomon Higgins, on the 8th day of April, 1872, deeded the demanded premises to the plaintiff Goldstone. On the trial the plaintiffs proved by Solomon Higgins that he ordered Pioche to make the deed to Hulda, his first wife, and that he intended it as a gift to her and to be her separate property, and that he so…
1Opinion of the Court
By the Court, Crockett, J.:
It appears from the finding that the demanded premises were purchased by the defendant Solomon Higgins from Pioche for nine hundred dollars, during the lifetime of Hulda, the wife of said Higgins; that the purchase money was paid out of the common property of said marriage; that at the request of the husband, and by way of gift from him, and with the intention on his part that the same should become her separate estate, the property was conveyed by Pioche directly to the wife by a deed of bargain and sale reciting a consideration of nine hundred dollars; that the…
2Cases cited4 opinions
- Peck v. BrummagimCalifornia Supreme Court · 1866
- Ramsdell v. FullerCalifornia Supreme Court · 1865
- Jackson v. LodgeCalifornia Supreme Court · 1868
- Rhine v. EllenCalifornia Supreme Court · 1868
3Cited by19 opinions
- Lake v. BenderNevada Supreme Court · 1884
- Jackson v. TorrenceCalifornia Supreme Court · 1890
- Swan v. WaldenCalifornia Supreme Court · 1909
- Sackman v. ThomasWashington Supreme Court · 1901
- Flournoy v. FlournoyCalifornia Supreme Court · 1890
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