Dow v. Gould & Curry Silver Mining Co.
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The defendant is a corporation, organized under the laws of the State of California for mining purposes. The mining operations of the defendant are carried on in what is called the Comstock Lode, in the now State, but in 1861 the Territory of Nevada.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The defendant is a corporation, organized under the laws of the State of California for mining purposes. The mining operations of the defendant are carried on in what is called the Comstock Lode, in the now State, but in 1861 the Territory of Nevada. The plaintiff avers, that December 1st, 1861, she was, since has been, and still is, the owner of forty-eight shares of the capital stock of the company, and that since said date the defendant has earned profits on its business of mining, and has declared…
1Opinion of the Court
By the Court, Rhodes, J.:
Is that provision of section six of the Act of 1850, defining the rights of husband and wife, which is in these words : “ But no sale or other alienation of any part of such property ” (the separate property of the wife) “can be made, nor can any lien or incumbrance be created thereon, unless by an instrument in writing, signed by the husband and wife,” repugnant to the Constitution of this State, in the respect that it requires the husband to join in the execution of the instrument in writing, in order to pass the wife’s title to her separate property ? It is claimed…
2Cases cited9 opinions
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