Wells v. Stout
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This is a suit in equity, to enforce the covenants of a deed of separation, entered into between William Stout and his wife, Mary Stout, through the intervention of a trustee. The deed was executed by the husband and wife at San José, on the 16th of February, 1850, in the presence of several witnesses, of whom the defendant, Jacob W. Stout, was one.
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Appeal from the Superior Court of the City of San Francisco. This is a suit in equity, to enforce the covenants of a deed of separation, entered into between William Stout and his wife, Mary Stout, through the intervention of a trustee. The deed was executed by the husband and wife at San José, on the 16th of February, 1850, in the presence of several witnesses, of whom the defendant, Jacob W. Stout, was one. The parties had previously agreed upon Talbot H. Green as trustee, and he had consented. to accept the trust. On the day following the execution of the instrument by William and Mary…
1Opinion of the Court
Field, J., after stating the facts, delivered the opinion of the Court—Terry, C. J., and Burnett, J., concurring.
To the judgment, the appellants urge various objections : first, the impolicy of upholding voluntary separations between husband and wife; second, the illegality of the contract under the civil law; third, the invalidity of the trust for want of acceptance by the trustee; fourth, title in the defendants, or those under whom they hold by virtue of the sale and judgment of April, 1850; fifth, want of registration of the deed, and consequent absence of notice to the purchasers under…
2Cases cited4 opinions
- Carson v. MurrayNew York Court of Chancery · 1831
- Nichols v. PalmerSupreme Court of Connecticut · 1811
- Ex parte Butler v. Lewis C. P.New York Supreme Court · 1833
- Barrie v. DanaNew York Supreme Court · 1822
3Cited by30 opinions
- Brown v. BrownCalifornia Supreme Court · 1915
- Randall v. RandallMichigan Supreme Court · 1877
- Estate of BoesonCalifornia Supreme Court · 1927
- King v. MollohanSupreme Court of Kansas · 1900
- Mundt v. Connecticut General Life Insurance Co.California Court of Appeal · 1939
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