Shumway v. Leakey

Searls, C.

The plaintiff, a married woman, brought this action to recover as her separate property, certain personal property from the defendant, who as sheriff of the county of Lassen had levied upon and taken the same under a writ of attachment against plaintiff’s husband, and as the property of the latter. Plaintiff had verdict and judgment. Defendant appeals.

It was not necessary for plaintiff to aver coverture in her complaint, and when that fact appeared at the trial, it was competent for her to show that the demanded property came to her as a gift, and was her separate property.

Had her…