Schwarze v. Mahoney

Citations

• 97 Cal. 131
• 31 P. 908
• 1893 Cal. LEXIS 498

Syllabus

<p>Unlawful Detainer — Action by Married Woman — Community Property— Abatement — Capacity to Sue — Insufficient Answer._ In an action of unlawful detainer by a married woman, the objection that the rents are community property, for which the husband alone can sue, is not raised, in the absence of a demurrer, by an answer averring that the plaintiff is a married woman, and that her husband is a tenant of a portion of the premises described in the complaint, and denying that the plaintiff ever was in the occupation of the premises, or that she ever had any title or interest therein. Such answer is insufficient as a plea in abatement, or of the want of capacity of the plaintiff to sue.</p> <p>Id. —Enforcement of Rishts of Married Woman— Agency for Community — Burden of Proof. — The right of a married woman to enter into any transaction with any other person which she might if unmarried gives to her a correlative right to enforce, to the same extent that she could if unmarried, any obligation which she may have received from such other person as the consideration for the transaction, and whenever, in a transaction with a married woman, another person has received from her any property or advantage for which he has given his obligation, the burden is upon him to show that the transaction was entered into by her as the agent of the community, and not for herself, if he would resist his obligation upon the ground of her marriage.</p> <p>Id. — Landlord and Tenant — Sublease by Married Woman — Estoppel of Subtenant. —Where a married woman becomes the lessee of a building in her own name and right, and while in the actual, exclusive, and lawful possession thereof subleases the lower portion of the house to another for a specified rental, she may enforce the sublease, and the subtenant is estoppel from denying the relationship of landlord and tenant between himself and such married woman.</p>