Cameron v. Smith
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, County of Contra Costa. The plaintiffs were assessed, in 1872, in Contra Costa County, for property valued at $110,588. Among the property assessed was a solvent debt, secured by mortgage, amounting to $101,147, valued at $80,000, on which the tax was $1200. This debt was the separate property of the wife.
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Appeal from the District Court, Fifteenth Judicial District, County of Contra Costa. The plaintiffs were assessed, in 1872, in Contra Costa County, for property valued at $110,588. Among the property assessed was a solvent debt, secured by mortgage, amounting to $101,147, valued at $80,000, on which the tax was $1200. This debt was the separate property of the wife. The plaintiffs paid the tax under protest, on the 31st day of December, 1872, and brought this action on the 7th day of October, 1873, to recover it back. Of the $1200 paid, $1000 was the wife’s separate estate, and $200 was…
1Opinion of the Court
By the Court:
The action concerned the separate estate of the female plaintiff, and she might have sued alone. The Statute of Limitations, therefore, operated a defense to the action.
Judgment affirmed.
2Cited by4 opinions
- King v. MerrittMichigan Supreme Court · 1887
- Hershy v. LathamSupreme Court of Arkansas · 1883
- Garland County v. GainesSupreme Court of Arkansas · 1886
- Estate of HicksSuperior Court of Pennsylvania · 1898