Lake v. Lake
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Alameda. Pico and Alvarado claimed the land of the “ cx-Mission of San Jose,” in Alameda County, under an alleged grant from the Government of Mexico, and applied to the Board of Commissioners appointed by the United States for the settlement of private land claims in California, to have it confirmed.
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Appeal from the District Court, Third Judicial District, County of Alameda. Pico and Alvarado claimed the land of the “ cx-Mission of San Jose,” in Alameda County, under an alleged grant from the Government of Mexico, and applied to the Board of Commissioners appointed by the United States for the settlement of private land claims in California, to have it confirmed. The Commissioners confirmed the grant, but an appeal was taken to the District Court of the United States, and in 1859 the grant was by that tribunal rejected. An appeal was taken from the District Court to the Supreme Court of…
1Opinion of the Court
The property'was the separate estate of Sydney S., purchased’ as it was with his own funds before his marriage, and the fact that he was compelled to procure an outstanding title after his marriage did not change the character of the estate into that of community property. In copartnerships, marital as well as business, the equitable titles, as contradistinguished from the legal, are solely recognized and enforced by Courts of Equity as between the copartners. (Eslinger v. Eslingcr, 47 Cal. 62; Smith v. Smith, 12 Cal. 216; Meyer v. Einzen, 12 Cal. 253.)
*430Noble Hamilton and A. J. Le Breton, for…
2Cases cited5 opinions
- Meyer v. KinzerCalifornia Supreme Court · 1859
- Smith v. SmithCalifornia Supreme Court · 1859
- Eslinger v. EslingerCalifornia Supreme Court · 1873
- Ramsdell v. FullerCalifornia Supreme Court · 1865
- Sheehy v. TrueCalifornia Supreme Court · 1873
3Cited by5 opinions
- In Re Estate of PepperCalifornia Supreme Court · 1910
- In re Estate of LambCalifornia Supreme Court · 1892
- In re Estate of BoodyCalifornia Supreme Court · 1897
- Meyer v. MeyerCalifornia Court of Appeal · 1927
- In re Estate of Foster, Superior Court of California, County of San Francisco1909