Coles v. Soulsby

Cope, J. and Horton, J. concurring.

This is an action to recover of the defendant the sum of $7,890, being the amount of certain proceeds received by him from an interest in a quartz vein belonging to the plaintiff. The interest constituted the separate property of the plaintiff, who is a married woman, and the proceeds were received by the defendant previous to her marriage. The complaint is special and verified, and it is admitted that on the trial the plaintiff proved her case as it is there stated. The answer, with the exception of an averment as to an offset of three hundred dollars,…