Supreme Court of California
169 P. 360 (1917)
W.E. Dargie (W.E.) gifted property to Patterson (defendant) without the knowledge of W.E.’s wife, Mrs. Dargie (plaintiff). The property was community property of both W.E. and Mrs. Dargie. After W.E. died, Mrs. Dargie filed a petition to void the conveyance of the property, based on a state law prohibiting a husband from conveying community property without the wife’s consent. Under the law, a conveyance of community property to which the wife did not consent was voidable by the wife. The trial court granted Mrs. Dargie’s petition and voided W.E.’s conveyance to Patterson. Patterson appealed, arguing that Mrs. Dargie should seek to recover her interest from W.E.’s estate.
Rule of Law
Holding and Reasoning (Sloss, J.)
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