Daly v. Rizzutto

Citations

• 59 Wash. 62
• 109 P. 276
• 1910 Wash. LEXIS 1135

Syllabus

<p>Husband and Wots — Community Property — Conveyance by Husband — Vendor and Purchaser — Notice. Bona fide purchasers from a married man, describing himself in the deed as single and unmarried, are not charged with notice that it was community property, although some of his associates knew that he was married and diligent inquiry might have disclosed the fact, where for several years the grantor had lived in this state separate and apart from his family in a distant state, the community had never occupied the land or made conveyances, and there was no fact or circumstance which would raise a duty in the grantee to inquire.</p> <p>Same — Estoppel of Wife — Bona Pides — Burden of Proof. Where community property is acquired and sold in this state in defiance of the community rights of the wife in a distant state, proof that the grantee was a purchaser for value and that the title was clear makes out a prima facie case of Vona fides and puts the burden upon the wife to prove notice of her equity.</p>