Vanasek

Vanasek v. Pokorny

Good Law
1925 Cal. App. LEXIS 265·73 Cal. App. 312·238 P. 798
Court of Appeal of CaliforniaJune 23, 1925Docket No. 5135.California2,846 words

Opinion

Lead Opinion

Cashin, J.

The action was commenced by plaintiff, Edna Vanasek, to quiet title to certain land in Alameda County as against Frank Strybl, appellant herein, Erzsi Novak, respondent, Joe Novak, the husband of respondent and others. Respondent filed her answer to the complaint denying the alleged title of plaintiff, and therewith her cross-complaint against appellant, alleging therein her marriage to Joe Novak on June 1, 1914, and that at all times thereafter they continued to be husband and wife, the acquisition of the land by them on June 17, 1917, in the name of the husband as community property, that the land was acquired wholly with community funds; that on August 1, 1919, her husband, without her consent, by his several deed, executed 'and recorded on that day, conveyed the land to appellant, who took with knowledge of the existing marriage relation, that respondent upon the transfer of the land to her husband acquired, as the legal effect thereof, in her own right, and continued to own as a member of the matrimonial com-' munity, a present vested interest, estate and property therein equally with her husband; that the Strybl deed was wholly void; that appellant was not and never had been…

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