Lewis v. Burns

Citations

• 106 Cal. 381
• 39 P. 778
• 1895 Cal. LEXIS 617

Syllabus

<p>Husband and Wife—Community Pboperty—Evidence—Declarations —Res Gesta—In a controversy between a husband and the donees of his wife concerning lots which were conveyed to the wife by an employer of the husband and wife, who, built houses upon the lots, and who was dead at the time of trial, the declarations of the grantor in corroboration of the plaintiff’s testimony that the property was community property at the time of the purchase of the lots, and when he was building the houses thereon, and as to the character in which the purchases were made, and the terms and conditions upon which he was building the houses, though not made in the presence of the wife, are admissible in evidence as illustrative of his intent, and as forming a part of the res gestee.</p>