Reference

Full Case Name

LABISH v. HARDY

Status

Published

Syllabus

Community Property.—A Husband and Wife Occupied a Tract of land belonging to the United States from 1847 until 1856, when the wife died. The husband continued to occupy the land until 1871, when he received a deed to it from the town of Santa Cruz under act of Congress of July 23, 1866. Held, that the occupation by the husband and wife during her life did not operate to render the land community property, or vest the wife with any ownership whatever. Following Labish v. Hardy, 77 Cal. 327, 19 Pac. 531. Community Property.—In an Action by a Daughter of the First marriage against a second wife, to whom the land had been deeded, to recover the interest claimed by plaintiff as heir of her deceased mother, the deed will not be vacated on the ground that it was a gift, and the husband was indebted to plaintiff, and did not leave sufficient property to pay her.