Cummings v. Erickson

Citations

• 116 Wash. 347
• 199 P. 736
• 1921 Wash. LEXIS 849

Syllabus

<p>Partnership (1)—The Relation—Community of Interest. A partnership between farmers is not established by the fact that they farmed certain tracts on shares, where it appears they kept separate trading accounts, and also maintained a debtor and creditor account between themselves.</p> <p>Fraudulent Conveyances (16)—Property Transferred—Exempt Property. Grain needed for stock and seed by a farmer and householder, being exempt from attachment or levy and sale on execution, under Rem. Code, § 563, could be transferred to a creditor to apply on indebtedness to him, free from the lien of attachment or execution levy.</p> <p>Payment (11)—Application — Rights of Parties — Secured Debt—Presumptions. Where a creditor, holding both secured and unsecured claims against a debtor, allows part of the property on which he has a mortgage to be sold and the proceeds are placed in his hands to apply on the debtor’s account, the creditor must apply the proceeds to the secured debt, in the absence of an understanding to the contrary.</p>