Hart v. Robertson

Citations

• 21 Cal. 346

Syllabus

<p>Real estate conveyed to the wife during coverture by way of gift is her separate property, and she can maintain ejectment for its recovery after her husband’s death without reference to any administration upon his estate.</p> <p>One tenant in common is entitled to the possession of the entire tract held in common against all persons but his cotenants and parties claiming under them, and as a consequence can maintain against them an action for its recovery. Touchard v. Crow (20 Cal. 162) affirmed on this point.</p> <p>Real property conveyed to the wife during coverture by deed of bargain and sale for a valuable consideration, becomes thereby the community property of herself and husband, and upon his death she succeeds as his survivor to an undivided half interest therein as tenant in common with the heirs to whom the other half interest descends, and may as such, where no administrator of the husband’s estate has been appointed, maintain ejectment for the entire premises against a mere intruder.</p> <p>Meeks v. Hahn (20 Cal. 620) commented upon and distinguished from the case at bar.</p>