Woods v. Whitney

Citations

• 42 Cal. 358

Syllabus

<p>Bargain and Sale Deed to Married Woman may be Shown to be Gift.—If a husband, who is free from debt, purchase property with community funds and direct the conveyance to be made to his wife, with intent to make it her separate estate, the deed will take effect as a gift; and if the conveyance be on its face an ordinary deed of grant, bargain, and sale, reciting a valuable consideration, it is competent to show by parol the real facts, in order to rebut the presumption that it is common property. Findings—Conflict of Evidence.—A finding will not be disturbed as not justified by the evidence, if there be a substantial conflict in the evidence. Gift from Husband to Wife—Evidence of Intention. — Where the point in issue in a case was whether a deed, directed by a husband to be made to his wife, inured as a gift to her or not: held, that it was for the Court to decide upon the husband’s intentions from his acts and conduct at the time; and that a question to him, as to what his intentions had been, was properly excluded as immaterial.</p>