Fowler v. Burke

Citations

• 13 Wash. 13
• 42 P. 624
• 1895 Wash. LEXIS 40

Syllabus

<p>SALE BY HUSBAND—IMPROVEMENTS ON LAND—RIGHTS OF WIFE — PURCHASE OF LAND BY AGENT IN HIS OWN NAME — RIGHT OF PRINCIPAL TO ENFORCE ASSIGNMENT.</p> <p>The holding possession of, and making improvements upon, the land of a railroad company, does not constitute an interest in real estate, and the sale of the improvements may be made by a contract of the husband alone.</p> <p>Even if the possession of the land of another and the making of improvements thereon would constitute an interest in such land, the abandonment thereof by the husband, coupled with the placing of a purchaser in possession of the improvements, and the failure on the part of the wife to make any objection thereto, would pass a good title to the improvements, though the wife might possess a community interest therein.</p> <p>Where one takes a contract for the sale of land in his own name under an agreement to at once assign the contract to another, who has advanced the money for that purpose, the relation between the parties is that of principal and agent, and no . interest in the property will pass to the agent which a court of equity would allow him to assert against his principal.</p>