Scott
Scott v. Austin
Opinion
lead Opinion
Richards, J.
This is an appeal from a judgment in favor of the defendants in an action brought by the plaintiff as the surviving wife of one John B. Scott, to recover a one-half interest in certain community lands which her said husband conveyed during his lifetime to the defendant without her consent to such conveyance. The plaintiff is an insane person, and in bringing said action is acting through the regularly appointed guardian of her person and estate. The plaintiff and said John B. Scott intermarried on May 14, 1873, and continued to be husband and wife until the death of her said husband on February 18, 1920. Oh April 6, 1888, the lands in question, consisting of business property on Main Street, in the city of Salinas, were acquired by said John B. Scott by purchase, and it is a conceded fact in the case that they are of the present value of about twenty thousand dollars. On May 6, 1889, the plaintiff was adjudged insane by the superior court of Monterey County and was committed to the state hospital at Stockton, where she has ever since been and now is in said condition, and is incurably insane. Her present age is about seventy-three years. On January 31, 1920, said John B. Scott…