In re Estate of Holbert

Citations

• 57 Cal. 257

Syllabus

<p>Instruction—Separate Property.—An instruction set forth in the opinion, held to be erroneous, being inapplicable to the evidence, and misleading to the jury. Query: It may be, that if a husband borrows money with the distinct understanding between him and the creditor that his separate property shall be liable for the debt, and the funds so borrowed have gone to pay for land purchased, the land is the separate property of the husband.</p> <p>Estoppel—Finding.—There can be no estoppel by verdict or findings of fact until a judgment has been entered thereon.</p>