Reports of Cases Determined in the Supreme Court of the State of California, Volume 30Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Page 22
... notice of the prior deed . The deed to Vandenberg was not properly acknowledged by Mrs. Lajeunesse , but it was claimed by Vandenberg that the one ninth became and was the common property of Lajeunesse and his wife under the deed of Mrs ...
... notice of the prior deed . The deed to Vandenberg was not properly acknowledged by Mrs. Lajeunesse , but it was claimed by Vandenberg that the one ninth became and was the common property of Lajeunesse and his wife under the deed of Mrs ...
Page 36
... notice to third persons . But as the hus- band is the head and master of the community , having alone the administration , a purchase in the name of the wife would not be in the usual course of business , and consequently would be suffi ...
... notice to third persons . But as the hus- band is the head and master of the community , having alone the administration , a purchase in the name of the wife would not be in the usual course of business , and consequently would be suffi ...
Page 44
... notice to third persons . * * * The wife , if required , would be bound in all cases to establish the reality of the sale to her dehors the act ; and the same proof would also be necessary in order to make her acknowledgment in the act ...
... notice to third persons . * * * The wife , if required , would be bound in all cases to establish the reality of the sale to her dehors the act ; and the same proof would also be necessary in order to make her acknowledgment in the act ...
Page 60
... notice of the trust , the deed of the husband will pass the title to a party who thus rests upon the record . But when the record title is nominally in the wife , this unusual circumstance is enough to put a party upon inquiry , as is ...
... notice of the trust , the deed of the husband will pass the title to a party who thus rests upon the record . But when the record title is nominally in the wife , this unusual circumstance is enough to put a party upon inquiry , as is ...
Page 75
... notice or information that the plaintiff ever claimed the exclusive ownership or possession of the property adversely to the right of the defendants , until he disclosed such claim in his answer in the partition suit mentioned in the ...
... notice or information that the plaintiff ever claimed the exclusive ownership or possession of the property adversely to the right of the defendants , until he disclosed such claim in his answer in the partition suit mentioned in the ...
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Common terms and phrases
adverse possession affirmed alleged amend answer appeal argued attorney authority averred Board of Supervisors Calaveras County cause of action cited Clerk common law Company complaint Constitution contract convey conveyance counsel county seat Court Currey Court of equity decree deed defendant defendant's demurrer denying District Court dollars ejectment election entered entitled equity estoppel evidence execution executors facts filed Flume fraud grant grantor ground holding hundred husband interest issue Judge judgment Judicial District jurisdiction jury Justice land Legislature mandamus matter ment mining claim mortgage motion Opinion of Sawyer parol parties payment person petition Placer County plaintiff pleaded Practice Act premises prove purchase question record recover Respondent rule San Francisco Sanderson separate property Shafter Sheriff Sheriff's deed statement Statute of Limitations suit Supreme Court tide lands tion tract trial trust void votes wife writ
Popular passages
Page 46 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as to that held in common with her husband.
Page 476 - In case of the death or other disability of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party; or, the court may allow the person to whom the transfer is made to be substituted in the action.
Page 130 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 252 - ... 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Page 549 - Michigan of the second part, witnesseth, that the said parties of the first part, for and in consideration of the sum of one dollar to them in hand, paid by the said party of the second .part...
Page 533 - In an action arising upon contract for the recovery of money or damages only, if no answer has been filed with the clerk of the court within the time specified in the summons...
Page 423 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 106 - He shall not make profit by the increase, nor suffer loss by the decrease or destruction without his fault, of any part of the estate.
Page 184 - Service by mail may be made, where the person making the service, and the person on whom it is to be made reside in different places between which there is a regular communication by mail.
Page 30 - ... which they may acquire during the marriage, either by donations made jointly to them both, or by purchase, or in any other similar way, even although the purchase be only in the name of one of the two and not of both, because in that case the period of time when the purchase is made is alone attended to, and not the person who made the purchase.