Carney v. Simpson

Citations

• 15 Wash. 227
• 46 P. 233
• 1896 Wash. LEXIS 166

Syllabus

<p>DIVORCE — JURISDICTION OVER PROPERTY — PRESUMPTIONS — DAMAGES FOE DETENTION OF PROPERTY.</p> <p>Where a decree of divorce awards all the community personal property in the state to the wife, the jurisdiction over all of the property so awarded must be presumed in the absence of a showing to the contrary, and replevin by the husband will not lie to recover a portion of such personal property sold by the wife to a third party.</p> <p>Where the wife has sold community personal property before the entry of a decree of divorce awarding it to her, and the husband has begun an action to recover same pending the divorce proceedings, he is merely entitled to a judgment for the costs of his action and for damages for detention of the property, when the decree in the divorce proceedings awards the property to the wife.</p>