Barkley v. American Savings Bank & Trust Co.

Citations

• 61 Wash. 415
• 112 P. 495
• 1911 Wash. LEXIS 1095

Syllabus

<p>Husband and Wife — Community Pbopebty — Effect of Divorce. Upon tbe granting of a divorce without making any disposition of property, tbe community is dissolved and tbe parties become tenants in common of tbe community property.</p> <p>Appeal — Review—Findings. In tbe absence of tbe evidence, findings to tbe effect tbat certain property of a divorced couple bad been their community property cannot be disturbed on appeal, although in the divorce case it was found that there was no community property.</p> <p>Estoppel — Judicial Proceedings — Husband and Wife — Rights after Divorce. Findings in a divorce case tbat there was no community property would not estop tbe wife from claiming certain property if she bad in fact claimed it in good faith in tbe divorce case.</p> <p>Husband and Wife — Community Property — Rights after Divorce — Conversion. After a divorce, whereby a husband’s control over community property ceased and bis interest became tbat of a tenant in common by operation of law, be can recover for a conversion prior to tbe divorce no more than tbe value of bis half interest.</p> <p>Bills and Notes — Indobsees—Husband and Wiee — Community Peopekty. Semble, that a husband and wife, as joint indorsees of a negotiable instrument, sustain the same relation to a third party in reference to it as any other joint holders, irrespective of community rights.</p>