Martin v. Martin
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Yolo. Ejectment to recover possession of a lot of land in Prynum’s Addition to the Town of Woodland, Yolo County, one hundred and ten feet front by one hundred and forty-seven and a half feet deep. The defendants were husband and wife, and the plaintiffs were the children of the husband by a former wife.
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Appeal from the District Court, Sixth Judicial District, County of Yolo. Ejectment to recover possession of a lot of land in Prynum’s Addition to the Town of Woodland, Yolo County, one hundred and ten feet front by one hundred and forty-seven and a half feet deep. The defendants were husband and wife, and the plaintiffs were the children of the husband by a former wife. The husband, after his marriage with the other defendant, bought a tract of land of which the demanded premises formed a part. The land was bought on credit for eleven hundred dollars. Soon after, the husband paid four hundred…
1Opinion of the Court
All the property owned by the husband before marriage, and that acquired afterward by gift, bequest, devise, or descent, with the rents, issues, and profits thereof, is his separate property. (Civil Code, sec. 163; Lewis & Chard v. Johns, 24 Cal. 98.) Property purchased during marriage with the separate funds of husband or wife constitutes it separate property. (Ramsdell v. Fuller, 28 Cal. 37.)
*237Curtis & Clunie, for the Respondents.
A donation will be void if the donor divests himself of all his property and does not reserve enough for his own subsistence. (Civil Code, sec. 155 ; 11 Robinson,…
2Cases cited2 opinions
- Lewis v. JohnsCalifornia Supreme Court · 1864
- Ramsdell v. FullerCalifornia Supreme Court · 1865
3Cited by6 opinions
- Estate of NeilsonCalifornia Supreme Court · 1962
- Vieux v. VieuxCalifornia Court of Appeal · 1926
- Flournoy v. FlournoyCalifornia Supreme Court · 1890
- Ford v. FordCalifornia Court of Appeal · 1969
- Ives v. ConnacherCalifornia Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.