Hadevis v. Nutting

Citations

• 43 Wash. 40
• 86 P. 197
• 1906 Wash. LEXIS 648

Syllabus

<p>Cancellation oe Instruments — Pleading—Amendment—When Not a Departure. In an action to set aside a deed made by a wife to a third person, where the complaint alleges that the deed was made to enable the grantee to sell it for the benefit of the grantor, it is not error to allow an amended complaint setting up that the deed was procured by artifice and fraud, although the amendment contradicts the original complaint, when the material questions in issue were whether the deed was founded upon a valuable consideration, whether the property was community property, and whether the husband was estopped to deny the validity of his wife’s deed.</p> <p>Appeal — Review—Findings. Findings of the trial court upon conflicting evidence will not be disturbed where the principal witnesses were foreigners, who understood but little English, and the lower court had superior opportunities for weighing the evidence.</p>