Legal Opinion

Lewis v. Thomas Burns

California Supreme Court

Decided November 19, 1898No. Sac. No. 421PublishedCited by 14 opinions

APPEAL from a judgment of the Superior Court of San Joaquin County and from an order denying a new trial. G. W. Nicol, Judge. The facts are stated in the opinion.

1Opinion of the Court

HAYNES, C.

Action to quiet plaintiff’s title to two certain lots in the city of Stockton. The complaint alleges that plaintiff and Bridget Burns intermarried in 1873; that Bridget died November 3 6, 1892; that while they were husband and wife they purchased with their own means, the result of their joint labors, the lots in question; that the conveyances were taken in the name of the wife for the community and were so held until Bridget’s death, and upon her death became the sole property of the plaintiff, as surviving husband.

The answer denied that the purchases were made by the fruits or…

2Cases cited3 opinions

  1. Tolman v. SmithCalifornia Supreme Court · 1890
  2. Jordan v. FayCalifornia Supreme Court · 1893
  3. Gwynn v. DierssenCalifornia Supreme Court · 1894

3Cited by14 opinions

  1. Nilson v. SarmentCalifornia Supreme Court · 1908
  2. Miller v. JansenCalifornia Supreme Court · 1943
  3. McDougall v. McDougallCalifornia Supreme Court · 1902
  4. Albright v. AlbrightNew Mexico Supreme Court · 1916
  5. Marple v. JacksonCalifornia Supreme Court · 1920

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