Eckert v. Schmitt

Citations

• 60 Wash. 23
• 110 P. 635
• 1910 Wash. LEXIS 1006

Syllabus

<p>Public Lands — Homestead—Husband and Wife — Community Pr'operty. A homestead upon which final proof was made before the death of the homesteader’s wife, is community property, although patent was issued to the husband after the wife’s death.</p> <p>Descent and Distribution — Husband and Wife — Community Property. Upon the death of a wife, one-half of the community property descends to the children, who become tenants in common with their father.</p> <p>Estoppel — Pleading and Judgment — Divorce—-Effect of Decree. Where, in an action for a divorce by a second wife, she alleges and the court finds that the husband owned an undivided one-half interest in a homestead, the other half of which descended as community property to the children of his first wife, and that the husband had caused a mortgage thereon to be foreclosed and had -entered into a contract to purchase the equity of redemption in fraud of the children and of plaintiff’s rights, a decree of divorce. awarding to the wife all of the husband’s interests in the property was intended to transfer his half interest only, and estops the wife from claiming the entire title, against the claims of the children.</p> <p>Tenants in Common — Purchase at Foreclosure Sale — Redemptions. There is a constructive redemption, which inures to the benefit of cotenants, where a widower, occupying community property as tenant in common with his children, allowed a mortgage to be foreclosed and contracted to purchase the same from the purchaser at the foreclosure sale.</p> <p>Divorce — Judgment—Vacation—Laches. An action to vacate a ■decree of divorce upon the ground of perjury of the plaintiff must fail for lack of diligence, where the defendant knew of the perjury at the time of the trial and did not commence the action for nearly four years, claiming that he had but recently discovered the (evidence to prove the perjury.</p> <p>Descent and Distribution — Minors Inheritance from Parent. Upon the death of a minor, intestate an