Elmore v. Elmore

Decided July 1, 1858

California Supreme Court · decided 1858-07-01

This was an action for a divorce, on the ground of adultery on the part of the defendant, and for a division of the common property. The Court decreed the divorce, and referred the question of the amount and division of the property to A. C. Whitcomb, referee.

Decided 1858-07-01

Terry, C. J., delivered the opinion of the Court

¶1Burnett, J., concurring.

¶2The report of the referee is fully sustained by the pleadings and evidence contained in the record.

¶3The question as to defendant’s right to have a portion of the homestead set aside for his use, did not arise in the ease, as it is not shown that the property claimed as a homestead had been at any time during the existence of the marriage, the residence of the family.

¶4Judgment affirmed.