Brown
Brown v. Brown
Opinion
Lead Opinion
Jennings, J.
This action was instituted by plaintiff for the purpose of securing a decree canceling a certain deed executed by her husband, George B. Brown to his son, A. F. Brown. It is alleged in the complaint that plaintiff and her husband, who was joined as a defendant in the action, have been the owners in fee simple of the real property covered by the deed at all times since January 27, 1926, the date of their marriage; that said real estate was at all times since the date of marriage the community property of plaintiff and her husband; that the husband alone executed the deed whose cancellation is sought and that the said deed was recorded in the office of the county recorder of Imperial County, the county wherein the real estate is situated. To the complaint thus drawn defendant A. F. Brown, grantee named in the deed, interposed a demurrer, both general and special. This demurrer was overruled and, the demurrant having failed to answer, judgment was entered decreeing the deed executed by the husband to be void and that the property sought to be conveyed thereby is community property of plaintiff and her husband. From the judgment thus rendered defendant A. F. Brown and J. Edgar Boss,…