Denny v. Schwabacher

Citations

• 54 Wash. 689
• 104 P. 137
• 1909 Wash. LEXIS 1056

Syllabus

<p>Husband and Wife — Community Property — Presumption—Degree of Evidence. The presumption that property acquired by purchase by the wife during marriage is community property can only be overcome by clear and satisfactory evidence.</p> <p>Trusts — Gifts — Husband and Wife — Presumptions—Evidence. The presumption that property paid for from a wife’s separate estate and deeded to the husband is a gift, can only be overcome by clear, cogent and convincing evidence establishing the trust relation.</p> <p>Husband and Wife — Community Property — Trusts—Gifts—Presumption — Evidence to Overcome. Real estate, conveyed to the husband, is sufficiently shown to be the separate property of the wife and held in trust for her, so that it would not be subject to a subsequent judgment recovered against the husband, where it appears that, at the time the property was purchased, the wife was possessed of separate real and personal property of considerable value, that she paid for the property by giving her personal check and satisfying a loan she had made derived from her separate estate, and from the same source paid for improvements on the property, and the husband admitted the trusteeship, no credit was given him by virtue of his holding the title, and the property was conveyed before execution sale.</p> <p>Witnesses — Transaction With Person Since Deceased — Interest of Wife. A wife is competent to testify as to the trust relation that had existed between herself and her deceased husband, as to property since conveyed by her, where she files a disclaimer of any interest, notwithstanding the allegation of the objecting party that she was interested in the property.</p> <p>Quieting Title — Limitation of Actions — Execution Sale — Title Held in Trust. An action to quiet title against an execution sale, under a revived judgment recovered twelve years previously against the holder of the record title, is not barred by the statute of limitations, where it appears that the judgment debt