Loring v. Stuart

Citations

• 79 Cal. 200
• 21 P. 651
• 1889 Cal. LEXIS 697

Syllabus

<p>Nonsuit—Grounds of Motion — Appeal. —When it does not appear from the record on appeal that any grounds for a nonsuit were stated in the motion therefor, no error appears in overruling the motion.</p> <p>Husband and Wife — Earnings of Wife — Separate Property. — When the husband leaves the wife, and lives in another county, on account of domestic infelicity, without expressing any intention to return, property acquired by her earnings while continuing to reside at their former place of residence is acquired while she is living separate from her husband, within the meaning of section 169 of the Civil Code, and is the separate property of the wife.</p> <p>Id.—Mortgage by Wife of Separate Property—Tenancy in Common — Estoppel. — The wife may mortgage her separate property. If she owns an undivided interest in property purchased by her partly with her separate funds, and partly with community property, being a tenant in common in proportion to the separate funds paid by her, and mortgages the whole of the property thus acquired, her interest may be sold under the decree of foreclosure, and it does not lie in her mouth to object that the decree directs the sale of the whole property, and is therefore too broad.</p>