Peck v. Vandenberg
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Cruz County. The certificate of acknowledgment of the deed from Nicanoa Lajeunesse and Francisco Lajeunesse, her husband, to Vandenberg, was made by the County Clerk of Santa Cruz County. The certificate did not show that the wife was made acquainted with the contents of the instrument.
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Appeal from the District Court, Third Judicial District, Santa Cruz County. The certificate of acknowledgment of the deed from Nicanoa Lajeunesse and Francisco Lajeunesse, her husband, to Vandenberg, was made by the County Clerk of Santa Cruz County. The certificate did not show that the wife was made acquainted with the contents of the instrument. After it had been introduced in evidence, the defendant Hihn offered in evidence a deed from the same parties to himself, dated July 23d, 1860, with the acknowledgment properly certified by a Notary Public. Defendant Vandenberg, by his attorney,…
1Opinion of the Court
It is shown by the face and context of the deed that it was a gift.
The Act of April 17th,1850, provides that “All property, real and personal, of the wife, owned by her before marriage, and that acquired afterwards by gift, bequest, devise, or descent, shall be her separate property.” (Act relative to Husband and Wife; Acts of 1850, p. 254, Sec. 1.)
By the same Act, all property acquired by purchase by either party during coverture becomes common property. (Ibid, Sec. 2.)
In considering this statute, it is essential that we keep in view its origin and the purpose of its enactment. Nothing is…
2Cases cited29 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Chapman v. AllenTexas Supreme Court · 1855
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Smith v. StrahanTexas Supreme Court · 1856
- Meyer v. KinzerCalifornia Supreme Court · 1859
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3Cited by38 opinions
- Lake v. BenderNevada Supreme Court · 1884
- Yesler v. HochstettlerWashington Supreme Court · 1892
- Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
- Nolan v. SmithCalifornia Supreme Court · 1902
- Schuyler v. BroughtonCalifornia Supreme Court · 1886
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