Gwynn v. Dierssen

Citations

• 101 Cal. 563
• 36 P. 103
• 1894 Cal. LEXIS 1076

Syllabus

<p>Husband and Wife—Community Property—Conveyance to Wife—Presumption.—A deed of bargain and sale to a married woman, executed prior to the amendment of 1889 to section ] 64 of the Civil Code, must be presumed to have been paid for from the community funds, and to have vested the title in the marital community, subject to the absolute disposition of the husband, in the absence of rebutting proof that it was purchased with money belonging to the separate estate of the wife.</p> <p>Id.—Property Taken in Name of Wife—Notice to Purchaser.—The fact that the property was taken in the name of the wife alone does not of itself give a purchaser notice of a separate claim or right of the wife to the property, where the deed does not show upon its face any intention on the part of the husband to have the property conveyed to her as her separate estate.</p> <p>Id,—Conveyance From Wife.—All parties purchasing real estate standing in the name of a wife, where the deed presumptively or in fact was given for a money consideration, during coverture, do so at their peril.</p> <p>Id.—Construction of Code—Amendment Not Retroactive.—The amendment of 1889 to section 164 of the Civil Code is not retroactive in its effect.</p> <p>Id.—Swamp-Land Assessment—Sale of Land Under Foreclosure.—The sale of land under a decree foreclosing a swamp-land assessment lien against the wife, to whom a grant, bargain, and sale deed was made in the year 1880, cannot affect the title of the husband, and such assessment in the name of the wife is void.</p> <p>Id.—Taxation—Proceedings In Invitum.—The provisions of statutes upon the subject of taxation for the assessment of property are in invitum, and must he strictly followed to divest title.</p> <p>Id.—Name cm Party Assessed.—Where a swamp-land assessment named a person as the owner, no liability is created against anybody else, and none against the person named, unless such person is the owner of the property.</p> <p>Id.—Void Assessment.—A swamp-land assess