Elliott v. Hawley

Citations

• 34 Wash. 585
• 76 P. 93
• 1904 Wash. LEXIS 388

Syllabus

<p>Husband and Wife — Separate Property of Wife — Acquired by Efforts of Wife Under Laws of Oregon. Where a married woman, living with her husband near a mining claim in Alaska takes a half interest in a lay thereon, hires a man to perform half the work, who Is paid out of her share of the clean-up, and she personally supervises the work, her net proceeds are her separate property under the laws of Oregon so providing as to property acquired by a married woman “by her own labor,” although she performed no manual labor thereon, the law meaning, by her own efforts.</p> <p>Same — Situs of Partnership Property — Separate Property of Wto?E Removed to this State — Not Subject to Husband’s Debts. Where by the laws of Oregon the profits of a mining venture made by a married woman in Alaska became her separate property, and were brought to this state and deposited as the funds of the partnership by which it was acquired, her share remains her separate property, and real estate purchased by her and paid by a check of said partnership in a sum less than the amount due her, is not subject to her husband’s separate debt.</p> <p>Same — Restrictions Against Partnership Between Husband and Wife. The restrictions against a husband and wife’s entering into a partnership are only to protect the wife from the husband’s debts, and not to deprive her of her property.</p> <p>Same — Commingling Wife’s Separate Funds With Husband’s. Where the amount invested by both husband and wife in a joint venture is definite and it yields a definite increase, there is no such commingling or confusion of the separate interests as to lose their identity.</p>