Swain v. Duane

Citations

• 48 Cal. 358
• 1874 Cal. LEXIS 154

Syllabus

<p>Deed to Mabbied Woman nob Consedebation.—A deed to a wife, made by a person other than the husband, for a valid consideration paid to the grantor by the husband, which conveys the property to the grantee “as her separate property, and to and for her sole and separate use,” constitutes the premises, in law, the separate estate of the wife, and the husband cannot maintain ejectment for their recovery.</p> <p>Impeovements by Husband on Wife’s Peopebty.—If the wife has the legal title as of her seperate estate, the building of fences and other acts of possession done by her husband will be considered to have been done by him as her agent, for her benefit, and in subordination to her title.</p> <p>Outside Lands in San Peanoisco.—A conveyance made by the city of San Francisco to one in possession of outside lands merely has the effect to aid and assure the title, already held.</p> <p>Legal Effect of Deed in Ejectment.—If the husband brings ejectment, and relies on a deed to his wife malting the demanded premises her separate property, as a muniment of title,, and no equitable defense is set up, neither party can make enquiry for the purpose of controlling or defeating the legal effect of the deed.</p>