Poulson v. Stanley

Citations

• 122 Cal. 655
• 55 P. 605
• 1898 Cal. LEXIS 654

Syllabus

<p>Estates of Deceased Persons—Quieting Title—Evidence—Competency of Plaintiff as Witness—Delivery of Deed by Decedent.—An action by a widow to quiet her title to land conveyed to her by her husband during his lifetime, as against his administrator, is not an action “upon a claim or demand against the estate of the deceased,” within the meaning of section 1880 of the Code of Civil Procedure; and she may testify in such action that the deed was delivered to her by her husband in his lifetime.</p> <p>Id.—Privileged ‘ Oojimcnication”—Husband and Wife—Delivery of Deed.— The delivery of a deed from a husband to a wife is not a privileged “communication” within the meaning of subdivision 1 of section 1881 of the Code of Civil Procedure.</p> <p>Id.—Subsequent Conduct of Wife—Question of Fact—Appeal.—■ Whether .the subsequent conduct and acts of the wife, after the alleged delivery of the deed, was such as to authorize the inference that it had not been delivered, was a question of fact for the trial court to determine, and is not open to review upon appeal.</p> <p>Id.—Intent to Defraud Creditors—Question of Fact—Consideration of Deed.—The intent of the husband to defraud his creditors by the conveyance to the wife is made a question of fact by the statute, and under section 3442 of the Civil Code, as it formerly stood, the transfer cannot be adjudged fraudulent solely on the ground that it was not made for a valuable consideration.</p>