MacChi

MacChi v. La Rocca

Good Law
1921 Cal. App. LEXIS 407·54 Cal. App. 98·201 P. 143
Court of Appeal of CaliforniaAugust 26, 1921Civ. No. 3957.California966 words

Opinion

Lead Opinion

Nourse, J.

Plaintiff commenced this action for an equal division of certain property acquired by defendant and herself during the period of an illegal marriage. Defendant answered, admitting the illegality of the marriage, the cohabitation of the parties during the period alleged, and the acquisition of the property, but denied that plaintiff contributed one-half of the purchase price thereof and alleged that plaintiff contributed but one-third of said pur chase price and that the remaining two-thirds was contributed by defendant from his own earnings and from a portion of the earnings of his minor son which had been delivered to defendant during the period of cohabitation. The defendant then prayed judgment awarding plaintiff an undivided one-third interest in the property in suit and for a determination of the respective rights of himself and son in the remainder. This son filed a complaint in intervention, setting up practically the same set of facts, and prayed for an undivided one-third interest in the property. Upon plaintiff’s motion for judgment upon the pleadings, judgment was entered in favor of plaintiff, awarding her an undivided one-lialf interest in the property against both…

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