Baker v. Murrey

Citations

• 78 Wash. 241
• 138 P. 890
• 1914 Wash. LEXIS 1006

Syllabus

<p>Husband and Wire — Community Property and Debts — Contracts by Husband. A contract to purchase real estate, executed by the husband alone, against the protest and objection of the wife, the payments on which were made by the husband out of community personalty in his possession, is community property, and the liability for unpaid purchase money is the community debt of the spouses, under Rem. & Bal. Code, § 5917, providing that all property acquired after marriage (except that acquired by gift, bequest or descent), shall be community property, and giving the husband the management and control of community personalty.</p> <p>Assignments — Contract ror Sale or Land — Rights or Assignee. The' vendor in a contract to sell land may assign his rights, as security for a debt, and the assignee may enforce the contract against the purchasers.</p> <p>Costs — On Appeal — Necessity oe Appearance. Costs will not he allowed the respondents where they made no appearance in the appellate court.</p> <p>Fullerton, J., dissents.</p>