Tibbetts v. Fore

Citations

• 70 Cal. 242
• 11 P. 648
• 1886 Cal. LEXIS 774

Syllabus

<p>Injunction—Land Purchased by Married Woman — Separate Property— Sale of under Execution against Husband. — A married woman is entitled to an injunction to restrain a threatened sale, under an execution against her husband, of real property purchased by her during coverture in her own name and with her separate property.</p> <p>Id.—Cloud on Title — Presumption as to Community Property—■ Evidence to Overcome. —In such a case, the execution sale would cast a cloud upon her title, because, in an action of ejectment brought by the execution purchaser founded upon the sheriff’s deed, she would be compelled, in order to overcome the presumption that the land was community property, to introduce evidence dehors the record, showing that the purchase was made with her separate estate.</p>