Curry v. Catlin

Citations

• 9 Wash. 495
• 37 P. 678
• 1894 Wash. LEXIS 348

Syllabus

<p>HUSBAND AND WIFE — COMMUNITY DEBTS — LIABILITY OF COMMUNITY AND SEPARATE PROPERTY — ACTION ON JUDGMENT — PLEADING — EVIDENCE.</p> <p>The finding of the lower court that certain real estate is not the separate property of the wife will not be disturbed when the evidence shows that, although the land had been in part purchased with the separate money of the wife, the understanding between husband and wife that the land was to be hers was not had until after the money had been received and applied by the husband to his own use, and that their testimony on this point was contradicted by their sworn statements in other litigations which they had had.</p> <p>An action by a judgment creditor in which he alleges the rendition of a judgment against a husband, that it was based upon a community debt, that the record title of the land sought to be charged was in the wife, but that it was acquired by her after her marriage, and the prayer of the complaint was that the property be declared community property, that the judgment be declared a judgment against the community, and that the property be subjected to the lien of the judgment, is demurrable on the ground that the complaint does not state a cause of action. (Hoyt, J., dissents.)</p> <p>Where a judgment has been rendered against the husband alone for a community debt, the levy of execution thereunder against the separate property of the husband or the community property of husband and wife cannot be enjoined.</p>