Davis v. Green

Citations

• 122 Cal. 364
• 55 P. 9
• 1898 Cal. LEXIS 587

Syllabus

<p>Husband and Wife—Community Property—Crop Raised on Land Leased by Wife.—A crop raised on land leased by a wife in her own name, from seed barley for the price of which she gave her promissory note, but which was bought by the husband in her name, and was planted under his personal superintendence, is community property, and subject to execution for the husband's debts, in the absence of an agreement between them that the crop raised on the leased land should be the separate property of the wife.</p> <p>Id.—Presumption—Burden of Proof.—All property acquired after marriage by either husband or wife, otherwise than by gift, bequest, devise, or descent, is presumed to be community property; and the burden is upon the party claiming that it is separate property to prove it to be such by clear and convincing evidence.</p> <p>Evidence—Harmless Ruling — Appeal.—The admission of irrelevant and immaterial evidence is harmless, and not ground for reversal upon appeal, if the appellant could not have been prejudiced by it; and the result would have been the same, if it had been excluded.</p>