Morgan v. Lones
California Supreme Court
Appeal from a judgment of the Superior Court of Nevada County. In this case several different lots were sued for. The land was public land. But the wife was in possession of some of the lots under conveyances made to her by prior occupants before her marriage with the defendant. For these lots judgment was given in favor of the plaintiff. The other lots were conveyed by prior.occupants to the husband after the marriage.
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Appeal from a judgment of the Superior Court of Nevada County. In this case several different lots were sued for. The land was public land. But the wife was in possession of some of the lots under conveyances made to her by prior occupants before her marriage with the defendant. For these lots judgment was given in favor of the plaintiff. The other lots were conveyed by prior.occupants to the husband after the marriage. For these lots judgment was given in favor of the defendant. The present appeal was by the plaintiff, and relates to the latter lots. The other facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
Action to quiet title to certain lots in Nevada City. The court below gave judgment in favor of the plaintiffs as to a portion of the lots, and in favor of the defendant as to the remainder. The plaintiffs appeal from so much of the judgment as is in favor of the defendant.
The decision turns upon the question whether the lots as to which defendant obtained judgment were the community property of the defendant and his wife, Mary J. Lones, or her separate property. The facts are as follows: The marriage took place in 1861. At that time and up to the issuance of the United States patent…
2Cases cited7 opinions
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