Hussey v. Castle
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, San Joaquin County. The complaint averred that the plaintiff was the wife of J. C. Hussey, with whom she intermarried in the State of Iowa, on the 9th day of December, 1869, while temporarily absent from California, which was their domicile; and that pursuant to an ante-nuptial contract between the parties, and in consideration of marriage, and of five thousand dollars in coin, due by said J. C. Hussey to the…
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Appeal from the District Court of the Fifth Judicial District, San Joaquin County. The complaint averred that the plaintiff was the wife of J. C. Hussey, with whom she intermarried in the State of Iowa, on the 9th day of December, 1869, while temporarily absent from California, which was their domicile; and that pursuant to an ante-nuptial contract between the parties, and in consideration of marriage, and of five thousand dollars in coin, due by said J. C. Hussey to the plaintiff before their marriage (two thousand of which was secured by mortgage on the land), the said J. C. Hussey conveyed…
1Opinion of the Court
By the Court, Sprague, J.:
The demurrer to the complaint should have been overruled.
There is no legal presumption that the conveyance of the premises described in the complaint, by J. C. Hussey, the husband of the plaintiff, to her, of February 15th, 1870, was fraudulent as against the party now seeking to sell the same in satisfaction of a judgment against the husband of plaintiff, obtained more than three months after such conveyance, even though the husband had made the same as a voluntary conveyance to, or settlement upon, his wife, the plaintiff; and clearly, under the circumstances…
2Cited by12 opinions
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- Sudbrock v. KroenerCalifornia Court of Appeal · 1934
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