Meyer v. Kinzer
California Supreme Court
Appeal from the Twelfth District, County of San Francisco. This was an action brought by the plaintiff against the defendants, Kinzer and wife, to extinguish a claim of title by the defendants to certain real estate in the City of San Francisco. Kinzer, the husband, in his answer disclaimed all pretensions to title in himself. Rebecca, the wife, sets up title by a mortgage upon the premises, and asked that the same may be foreclosed for the benefit of her separate estate.
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Appeal from the Twelfth District, County of San Francisco. This was an action brought by the plaintiff against the defendants, Kinzer and wife, to extinguish a claim of title by the defendants to certain real estate in the City of San Francisco. Kinzer, the husband, in his answer disclaimed all pretensions to title in himself. Rebecca, the wife, sets up title by a mortgage upon the premises, and asked that the same may be foreclosed for the benefit of her separate estate. The facts are as follows: On the sixth of December, 1851, the defendant, George W. Kinzer, who was then, and still is, the…
1Opinion of the CourtEield, J.
The statute defining the rights of husband and wife, provides in its first section that “ all property, both real and personal, of the wife, owned by her before marriage, and that acquired afterwards by gift, bequest, devise or descent, shall be her separate property; and all property, both real and personal-, owned by the husband before marriage, and that acquired by him afterwards, by gift, bequest, devise or descent, shall be his separate property ;” and, in the second section, that “ all property acquired after marriage, by either husband or wife, except such as may be acquired by gift,…
2Cases cited10 opinions
- Chapman v. AllenTexas Supreme Court · 1855
- Parker v. ChanceTexas Supreme Court · 1854
- Ford v. FordSupreme Court of Louisiana · 1830
- Hemmingway v. MathewsTexas Supreme Court · 1853
- Lott v. KeachTexas Supreme Court · 1849
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3Cited by40 opinions
- Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
- In Re Estate of PepperCalifornia Supreme Court · 1910
- Stewart v. StewartCalifornia Supreme Court · 1926
- Tolman v. SmithCalifornia Supreme Court · 1890
- Peck v. VandenbergCalifornia Supreme Court · 1866
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