Shumway v. Leakey

Citations

• 67 Cal. 458
• 8 P. 12
• 1885 Cal. LEXIS 671

Syllabus

<p>Mabbied Woman—Sepabate Pbopebtt—Bepbvin—Pleading In an-action by a married woman to recover personal property, she need not in her complaint allege the coverture, but when that fact appears on the trial, may show that tho property demanded is her separate property.</p> <p>Id.—Evidence — Schedule.—In such an action, a schedule of the wife’s separate property filed and recorded under sections 105 and 166 of the Civil Code is admissible in evidence to prove her title.</p> <p>Id.—Assessment Boll.—The assessment roll of the county showing that no separate property has been assessed to the wife, and that part of tho property described in tho complaint was assessed to the husband as his own, is inadmissible to prove property out of the wife and in her husband, unless it is shown that she gave in the property as that of her husband or had some knowledge that it was so assessed.</p> <p>Id.—Laws of Anotheb State.—The tenure by which personal property acquired in another State and brought into this is held, as between husband and wife, will depend upon the laws of the State where it was acquired; but these laws are to bo proved like any other fact, and in the absence of all evidence will be presumed to be the same as the laws of this State.</p>