Harris v. Harris
California Supreme Court
Appeal from a judgment of the Superior Court of San Joaquin County, and from an order refusing a new-trial. The action was brought for a divorce and division of land claimed to be community estate. The court granted the plaintiff the divorce, but refused relief as to the land, on the ground that it was the separate estate of the defendant. In 1865, the defendant, then a widow, was in the occupation of and resided upon the land.
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Appeal from a judgment of the Superior Court of San Joaquin County, and from an order refusing a new-trial. The action was brought for a divorce and division of land claimed to be community estate. The court granted the plaintiff the divorce, but refused relief as to the land, on the ground that it was the separate estate of the defendant. In 1865, the defendant, then a widow, was in the occupation of and resided upon the land. In that year she filed a declaratory statement in the proper United States land-office, of her settlement upon and intention to pre-empt the land. On the 9th of…
1Opinion of the CourtMcKinstry, J.
In this action for divorce, the plaintiff claims a moiety of the land patented to the defendant, on the ground that the money paid for the government title belonged to the community.
1. Even if it appeared that the money was paid out of community funds, the land would be the separate property of the wife. With full knowledge and consent of the plaintiff, the land was proved up and paid for in her name, and the proof of her occupation and “ declaration,” or affidavit, was as necessary a pre-requisite to the acquisition of the government title as was the payment of the price. The patent is a…
2Cited by14 opinions
- In re Estate of LambCalifornia Supreme Court · 1892
- In re the Estate of BoodyCalifornia Supreme Court · 1896
- Morgan v. LonesCalifornia Supreme Court · 1888
- Humbird Lumber Co. v. DoranIdaho Supreme Court · 1913
- Forker v. HenryWashington Supreme Court · 1899
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