# Brown v. Brown

> California Supreme Court · April 7, 1915 · 170 Cal. 8

URL: https://www.frixlaw.com/law-library/cases/3305570

## Case

- **Full name:** RUBY D. BROWN, Respondent, v. EVA S. BROWN, Administratrix of the Estate of John S. Brown, Deceased, Appellant
- **Court:** California Supreme Court
- **Decided:** April 7, 1915
- **Citations:** 170 Cal. 8; 147 P. 1171; 1915 Cal. LEXIS 344
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Shaw
- **Judges:** Shaw
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3305570

## Opinion text

SHAW, J.
This action in all except two particulars, is the same as the action of
Brown
v.
Brown,
(Sac. No. 2121),
*9
ante,
p. 1 [ 147 Pac. 1168 ], this day decided. We refer to that action for a more particular statement of the facts. The appeal is by the defendant from the judgment in favor of the plaintiff, declaring that the plaintiff was entitled to a division of the proceeds of a life insurance policy belonging to the estate of John S. Brown, deceased.
The only difference between this case and the other case above mentioned, is that here the property is personal property while there it was real estate, and here it consists of an insurance policy which had become the property of Brown before the action for divorce was begun. In consequence of the date of its acquisition by Brown, said policy, if it was •community property, was in existence as such at the time the action for divorce was begun. Upon the principles laid down in case No. 2121, aforesaid, it would follow that the judgment of divorce, based upon the complaint declaring that there was no community property, is a conclusive determination against the plaintiff that this property is not community property, and by said judgment she is estopped from claiming any interest whatever in this part of the estate of Brown.
The judgment is reversed.
Sloss, J., and Angellotti, G. J., concurred.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3305570. Public record. Not legal advice.