Hester v. Stine

Citations

• 46 Wash. 469
• 90 P. 594
• 1907 Wash. LEXIS 644

Syllabus

<p>Husband and Wife — Separate Property of Wife — Rents and Profits — Debts of Husband. Barley raised upon the real estate purchased by a wife with her separate funds, is her separate property, where she conducted the farming of the land in her own name and in her separate interest without any assistance from her husband, who was away most of the time and largely indebted at the time of his marriage.</p> <p>Same — -Actions—Right of Wife to Sue — Replevin—Complaint— Sufficiency — Affirmative Defense — Reply. In an action of replevin by a married woman under statutes authorizing her to acquire, hold and sue for property as if she were unmarried, a complaint alleging that she was the owner and entitled to the possession of the property is sufficient without deraigning her title; and an answer that she was a married woman and that the “property had been acquired since the marriage” states no affirmative defense, and requires no reply from her showing that she acquired the property as separate property.</p> <p>Appeal — Review—Harmless Error — Amendments to Conform to Proof. If a complaint in replevin is faulty in not deraigning the plaintiff’s title, and the court refuses a request for an amendment- to cure the defect on the ground that the amendment is essential, the defendant cannot he misled, and the supreme court will on appeal consider the amendment made to conform to the proof.</p>