Dueber v. Wolfe

Citations

• 47 Wash. 634
• 92 P. 455
• 1907 Wash. LEXIS 825

Syllabus

<p>Quieting Title—Pleading—Complaint—Sufficiency. That the complaint in an action to quiet title does not show that the plaintiff was in possession or that the land was unoccupied is not ground for objection, if it states facts entitling the plaintiff to any relief.</p> <p>Pleading — Answer —• Affirmative Allegations—Reply—Necessity. In an action to quiet title to property levied upon as that of the community and claimed by the plaintiff as her separate property, an answer affirmatively alleging that the same was community property, amounts to no more than a denial and requires no reply.</p> <p>Husband and Wife—Wife’s Separate Property—Evidence—Sufficiency. Evidence that a lot was purchased by a wife with funds she had at the time of her marriage and had kept about her person and under her immediate control for five years, is sufficient to sustain findings that the property was her separate property; the credibility of her testimony being for the trial court.</p>