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· 7/1/1873

Eslinger v. Eslinger

Citations

  • 47 Cal. 62

Syllabus

<p>Community Pbopebty.—Where a woman, living upon public.land of the United States, married, and the husband thereafter filed a declaratory statement upon it in his own name, and made the required proof, and was allowed to enter and purchase the land in his own name; and, subsequently, the husband and wife by their joint deed sold the land, and, . with the proceeds, the husband purchased other land: held, that the land so purchased was community property.</p> <p>Discbetion of Coubt in Dividing Community Pbopebty.-—Where a divorce is granted on the ground of extreme cruelty, the guilty party is entitled to receive only so much of the community property as the Court may deem just under the facts of the case; and the discretion of the Court in dividing the property is subject to revision on appeal.</p> <p>Division of Pbopebty in Case of Divobce.—The inference to be derived from sections 146 and 147 of the Civil Code is, that if a divorce is granted on the ground of adultery or extreme cruelty, the injured party is entitled to more than one half of the common property.</p>

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