Fealey v. Fealey
California Supreme Court
Appeal from a judgment of the Superior Court of Napa County. The facts are stated in the opinion of the court. The court had jurisdiction in this case, and here the court found the property to be community property, which is conclusive of its status. (Kearney v. Kearney, 72 Cal. 591; Griffith’s Estate, 84 Cal. 113.) By the force of the order setting aside the homestead the title thereto is as against the plaintiff in the defendant. (Code Civ.
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Appeal from a judgment of the Superior Court of Napa County. The facts are stated in the opinion of the court. The court had jurisdiction in this case, and here the court found the property to be community property, which is conclusive of its status. (Kearney v. Kearney, 72 Cal. 591; Griffith’s Estate, 84 Cal. 113.) By the force of the order setting aside the homestead the title thereto is as against the plaintiff in the defendant. (Code Civ. Proc., sec. 1908; JacJcson v. Lodge, 36 Cal. 28; Estate of Moore, 96 Cal. 522.) Plaintiff's complaint does not allege or even suggest that any fraud or…
1Opinion of the CourtDe Haven, J.
The defendant is the widow of William Fealey, deceased, and this action is brought for the purpose of annulling an order of the superior court of Napa county setting apart to her a homestead out of the estate of said deceased. The complaint alleges that the property so set apart was the separate property of the deceased, and that the defendant here, with knowledge of this fact and for the purpose of deceiving the court in which the administration proceedings were pending, filed a petition in which she falsely alleged that such property was community property, and asked that the same be set…
2Cases cited10 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Pico v. CohnCalifornia Supreme Court · 1891
- In re Estate of GriffithCalifornia Supreme Court · 1890
- In re the estate of MooreCalifornia Supreme Court · 1892
- Wickersham v. ComerfordCalifornia Supreme Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Estate of YoellCalifornia Supreme Court · 1913
- Horton v. HortonCalifornia Supreme Court · 1941
- Lee v. HensleyCalifornia Court of Appeal · 1951
- Mulcahey v. DowCalifornia Supreme Court · 1900
- Simonton v. Los Angeles Trust & Savings BankCalifornia Supreme Court · 1923
27 more not listed; retrieve them via the Exa API.