Ewald v. Corbett

Citations

• 32 Cal. 493
• 1867 Cal. LEXIS 96

Syllabus

<p>Deed op Married Woman.—The, deed of a married woman of her separate property which is not acknowledged in the manner prescribed by the Act of April 17th? 1850, defining the rights of husband and wife, is inoperative and void.</p> <p>Separate and Common Property.—If a decree of divorce directs an equal division of land, the common property, and a sale of the same, and that if either party purchase at the sale his or her receipt be taken for the amount his or her due, and the former wife marries again before the sale, and becomes the purchaser, and pays a portion of the money required out of community money, that undivided proportion of the land will be common property which the community money bore to the whole price bid, and the other undivided part will be the wife's separate property.</p> <p>Deed op Husband.—If an undivided part of land is common property, and the remaining undivided part is the separate property of the wife, the deed of the husband will convey only that proportion which was community property.</p> <p>Tenant in Common.—If an undivided portion of land is common property, and the remaining undivided part is the separate property of the wife, the grantee of the husband becomes a tenant in common with the wife or those claiming under her.</p> <p>Ejectment between Tenants in Common.—If the plaintiff and defendant, at the commencement of a suit in ejectment, are tenants in common in the premises, the plaintiff cannot recover possession of the entire premises to the exclusion of the defendants, nor can he recover his undivided part without proof of an ouster.</p> <p>Death op a Party Abates Action.—If, after a decree of divorce which directs a division of the common property, the husband dies, a supplemental decree made after his death, without a revivor as to his heirs, directing a sale of the property and a division of the proceeds, is void as to his heirs. It is not enough that his executors are made parties in his stead*</p>