Mahone v. Grimshaw (1862) · DecisionDepot

Mahone v. Grimshaw

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1862Published

Before: Field, Norton

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Holding. A husband is entitled to the possession, management, and control of his wife's separate property during the marriage, and a claim that property belongs to the wife does not constitute a valid defense in an action for possession.

Issues

Whether a husband's right to possess and control his wife's separate property constitutes a valid defense in an action for possession of that property.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The husband, by the express language of the statute, is entitled to the management and control of the separate property of the wife during the continuance of the marriage, and, of course, to its possession.”

Synopsis

It is no defense to an action brought for wrongfully taking and detaining personal property, that the property so taken and detained is the separate property of the wife of plaintiff.

The husband is entitled to the management, control and possession of the separate property of the wife during the continuance of the marriage.

If the wife have any just cause to apprehend that her husband will mismanage or waste her separate property, she has her remedy by application to the District Court for the appointment of a trustee to take charge of and manage the same.

Field, C. J. delivered the opinion of the Court—Norton, J. concurring. If the cattle, for the possession of which the action is brought, were, as contended by the defendant, the separate property of the wife of the plaintiff, that fact constitutes no defense. The husband, by the express language of the statute, is entitled to the management and control of the separate property of the wife during the continuance of the marriage, and, of course, to its possession. If the wife have any just cause to apprehend that her husband will mismanage or waste her separate property, she has her remedy by application to the District Court for the appointment of a trustee to take charge of and manage the same. (Act defining the Rights of Husband and Wife, of April 17th, 1850, secs. 6 and 8.)

Order affirmed.

Mahone v. Grimshaw

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