Alverson v. Jones

Citations

• 10 Cal. 9
• 1858 Cal. LEXIS 176

Syllabus

<p>A sheriff may be enjoined from selling real property belonging to the wife, under an execution against the husband.</p> <p>Such a sale would be a cloud upon the wife’s title to the property, as the deed of the sheriff would convey to the purchaser a prima facie title, which she would have to overcome by proof.</p> <p>The right of the wife to acquire property by purchase, during the marriage, can only exist as an exception to the general rule as laid down by the “Act defining the rights of Husband and Wife.”</p> <p>This exception exists in the case of a sole trader, under the “Act to authorize Married Women to transact business in their own name as sole traders.”</p>