Legal Opinion

Flege v. Garvey

California Supreme Court

Decided July 1, 1874No. 3,376PublishedCited by 10 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Ejectment to recover one hundred and fifty acres of land near Petaluma, Sonoma County.

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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Ejectment to recover one hundred and fifty acres of land near Petaluma, Sonoma County. The land was sold by Charles Hunt, the guardian of Henry Flege, the husband of the plaintiff, to Jesse Hill, for the sum of $4,100. On the trial, the defendants offered to prove that the plaintiff received from the guardian a large proportion of the purchase money, but the Court, on the objection of the plaintiff, ruled out the testimony. The defendants also offered to prove that the plaintiff left the demanded…

1Opinion of the Court

By the Court, Rhodes, J.:

The plaintiff and her husband, Henry Flege, on the tenth day of December, 1860, made, acknowledged and filed a declaration of homestead, appropriating for that purpose the premises in controversy. In 1867, Henry Flege became insane, and a guardian of his person and estate was appointed by the Probate Court of Sonoma County; and in 1868, the guardian filed in that Court a petition for the sale of the land of Henry Flege, who was then, and still remains, insane; and such proceedings were had that the land was ordered to be sold, and it was afterwards sold by the…

2Cases cited2 opinions

  1. Boggs v. Merced Mining Co.California Supreme Court · 1859
  2. Davis v. DavisCalifornia Supreme Court · 1864

3Cited by10 opinions

  1. Merced Bank v. RosenthalCalifornia Supreme Court · 1893
  2. Gagliardo v. DumontCalifornia Supreme Court · 1880
  3. Murphy v. RennerSupreme Court of Minnesota · 1906
  4. Mathews v. DavisCalifornia Supreme Court · 1894
  5. Curry v. WilsonWashington Supreme Court · 1906

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