Osborne v. Wainwright

Citations

• 52 Cal. 312
• 1877 Cal. LEXIS 105

Syllabus

<p>Revival of Judgment.—If the husband and wife own real estate which is community property, and the husband has contracted to sell it to a third person, and the wife sues for a divorce and a division of the realty, and such third person is a party to the action, and a judgment is rendered partitioning the realty between the husband and wife, and also providing that if such third person recovers the land under the contract, or the matter is amicably settled, that the wife shall have two-thirds of the purchase-money or the securities, the judgment cannot be revived on application of the wife, after more than five years have elapsed, unless such third person is made a party to the proceeding for reviving it.</p>