Poole & Wife v. Gerrard

Citations

• 9 Cal. 593

Syllabus

<p>In an action in which a homestead right is asserted, in which an issue of fact is made as to the marriage of the parties claiming to be husband and wife, the declarations of the alleged wife to the effect that she is not married, are admissible in evidence.</p> <p>Parol evidence of the contents of a written contract between the alleged husband and wife to live together without marriage is inadmissible, except after due notice to produce the contract, and refusal to do so.</p> <p>But where such evidence is offered simply to prove the fact that a writing was made in reference to the matter in controversy, without stating the contents of the same, it is admissible.</p>