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eBook details

• Title: Burtnett V. King
• Author : Supreme Court Of California
• Release Date : January 06, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

By this action plaintiff seeks to quiet his title to an undivided one-half interest in certain real property which was admittedly the community property of himself and his former wife, Marion Burtnett. On the 21st day of July, 1945, she instituted an action for divorce against him in San Mateo County and he was personally served with summons. He defaulted therein, and the divorce decree awarded said community property to his wife. She subsequently conveyed said property to defendants. In the instant action no contention is made that plaintiff has estopped himself from questioning the validity of the award of community property, and there is nothing in the record from which it can be said that the doctrine of estoppel is applicable to the situation here involved. Defendants interposed the plea of res judicata, and the judgment in their favor is based solely upon the ground that the divorce decree awarding the community property to the wife is res judicata of her ownership of the title to said property in severalty. To ascertain the propriety of allowing that defense we must examine the pleadings in the divorce action.

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