Blankenship Bros. v. Knox

Citations

• 105 Wash. 416
• 178 P. 629
• 1919 Wash. LEXIS 608

Syllabus

<p>Payment (12, 29)—Application—Evidence. Findings that a debtor, interested in part of the proceeds of the sale of sheep, directed application of her part to the payment of her separate indebtedness are sustained, where her testimony was supported by that of another witness and by surrounding circumstances, and her adversaries’ testimony was unsupported.</p> <p>Husband and Wipe (16, 23, 29)—Presumptions—Wife’s Separate Property and Debt. Where a contract for the purchase of lambs was made while the vendee was unmarried, and consummated after her marriage, there is no presumption that the lambs became community property, even though her husband joined with her in executing a mortgage on her separate property to secure payment, as the obligation was her separate debt.</p> <p>Husband and Wife (24)—Separate Estate—Authority of Husband. Upon the sale of the separate property of the wife, she has the right to direct application of the proceeds, and any contract by her husband to the contrary would not be binding upon her.</p>