Legal Opinion
Estate of Davis
California Court of Appeal
Decided April 24, 1940No. Civ. 11348PublishedCited by 55 opinions
1Opinion of the CourtNourse, P. J.
The petitioner in a proceeding to determine heirship appeals from an adverse judgment. The petitioner is a surviving son of James R. Davis, deceased. The respondent is the reputed wife of deceased, claiming under a second marriage contracted in Reno, Nevada, February 27, 1936.
The three questions stated by appellant present but one legal inquiry: Is a decree of divorce entered in a foreign state upon a simulated and fraudulent residence open to attack by an interested party who. was not a party to the fraud ?
This issue is controlled by these accepted legal principles: (1) “A foreign divorce…
2Cases cited17 opinions
- Andrews v. AndrewsSupreme Court of the United States · 1903
- Spence v. State Nat. Bank of El PasoTexas Commission of Appeals · 1928
- Kaufman v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1917
- Delanoy v. DelanoyCalifornia Supreme Court · 1932
- McDanels v. General Insurance Co. of AmericaCalifornia Court of Appeal · 1934
12 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Spellens v. SpellensCalifornia Supreme Court · 1957
- Newburgh v. ArrigoSupreme Court of New Jersey · 1982
- Rediker v. RedikerCalifornia Supreme Court · 1950
- In Re SixtoCalifornia Supreme Court · 1989
- Harlan v. HarlanCalifornia Court of Appeal · 1945
50 more not listed; retrieve them via the Exa API.