James v. James

Citations

• 51 Wash. 60
• 97 P. 1113
• 1908 Wash. LEXIS 967

Syllabus

<p>Divorce — Property Rights After Divorce — Husband and Wife— Separate and Community Property. Where a decree of divorce did not determine the rights of the parties in and to their real estate, the separate property of the husband becomes his individual property after divorce, and the community property becomes their joint property.</p> <p>Public Lands — Title Under Timber Act — Husband and Wife— Separate Estate- — -Rule of Property — Stare Decisis. The decision of the supreme court made fifteen years ago, that property acquired by a married man under the timber and stone act is his separate estate is a rule of property in this state to which the doctrine of stare clecisis applies in all its vigor.</p> <p>Same. The rule that property acquired under the timber and stone act is the separate property of the patentee is not affected by the fact that community property was used in its purchase; and it does not rest upon estoppel; nor would the title be affected by a claim of a divorced wife to community funds used in its purchase.</p>