Beaudry v. Felch

Citations

• 47 Cal. 183

Syllabus

<p>Proceeds of Sale of Wife’s Separate Property.—If the wife’s separate property is sold, the proceeds of the sale are also her separate jiroperty, and the husband can claim no part of these proceeds as a consideration for joining with his wife in the conveyance.</p> <p>Sale of Wife’s Separate Property.—The husband cannot make a secret agreement with the purchaser of his wife’s separate property, that such purchaser shall buy the property of the wife for less than its value and give him the difference between the value and the price agreed upon with her. Such agreement would be in fraud of the rights of the wife.</p> <p>Idem.—If the wife makes a verbal agreement to sell her separate property for a certain sum, and the jiurchaser then, without her knowledge, agrees to give the husband §2,000 to sign the deed, and gives him his note therefor, and obtains Ms signature, and the wife, upon learning this, refuses to sell unless the §2,000 is paid to her, and it is paid to her and she executes the deed, the wife has nothing to complain of, and neither the §2,000 note nor the money thereby promised are hers.</p> <p>Enjoining Collection of Judgment.—If suit is brought on a promissory note and no valid defense is interposed, and judgment passes in favor of the plaintiff, the defendant cannot afterwards obtain an injunction restraining the collection of the judgment for reasons which were known and might and should have been interposed as a defense in the suit on the note.</p>