Curry v. Wilson

Citations

• 57 Wash. 509
• 107 P. 367
• 1910 Wash. LEXIS 786

Syllabus

<p>Appeal — Decision'—Law of Case — Conclusiveness. The facts and legal conclusions as found upon a former appeal are conclusive on the second appeal of a case.</p> <p>Subrogation — Invalid Mortgage — What Liens Included. There can be no subrogation in favor of a mortgagee, as against the interests of an insane wife, by reason of equities existing at the time the husband executed the mortgage, where at the time the wife was adjudged insane there was no demand against her and no equitable lien on the property subsequently mortgaged.</p> <p>Quieting Title — Relief ' Granted — Personal Judgment — Pleading. It is not error to refuse to enter a personal judgment against a defendant where the prayer of all the pleadings was for a decree quieting title to real property.</p> <p>Husband and Wife — Community Property — Public Lands — Federal Homestead — States—Sovereignty. Under Rem. & Bal. Code, §§ 5915-5917, a homestead acquired from the Federal government by a married man during the lifetime of his wife is community property; and the state has the sovereign power to fix its character irrespective of Federal statutes.</p> <p>Dismissal and Nonsuit — Voluntary—Discretion. It is not an abuse of discretion to refuse a voluntary dismissal of an action to quiet title after it had been consolidated with another suit in which defendants asked affirmative relief.</p>