Grolemund v. Cafferata

111 P.2d 641 (1941)

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Nature of the Case

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Facts

H and W instituted this action against Cafferata (Ds) and the sheriffs of the city and county of San Francisco and the county of San Mateo, for a permanent injunction restraining Ds from proceeding with the sale of certain personal property in San Francisco and certain real property in San Mateo County pursuant to executions issued on a judgment in favor of Ds. The judgment was against H alone. On April 17, 1935, D and others recovered a judgment in an action prosecuted in the Superior Court of San Francisco against H alone from an automobile accident. In 1926 H and W acquired the leasehold interest and furniture of a 38-room rooming-house in San Francisco. Payment was made from funds which they had jointly accumulated, earnings of the husband commingled with separate funds of the wife. New furniture was bought with money received from operation of the rooming house. In 1930, H and W also bought with commingled funds certain real property in the county of San Mateo. The trial court in the tort action declared this real and personal property to be community property of H, the judgment debtor, and W, his wife. Ds went after these properties to satisfy the judgment against H. W claimed it was community property and could not be sold to satisfy the judgment against H alone. The court agreed with Ds, and W appealed.