Karlson v. Hanson & Karlson Sawmill Co.

Citations

• 10 Idaho 361
• 78 P. 1080
• 1904 Ida. LEXIS 42

Syllabus

<p>Wife’s Separate Property — Sale of Separate Property — Recovery of Purchase Price.</p> <p>1. Where the wife sells her separate property without joining her husband in an instrument in writing conveying the same, as provided by section 2498, Revised Statutes, and the purchaser receives, uses and consumes the property and is thereafter sued for the purchase price, he is estopped from interposing the defense that the contract of sale was not entered into in the manner pointed out by the statute.</p> <p>2. Section 2498, Revised Statutes, was enacted primarily for the protection of the wife against fraud and duress, and was not intended as a shield for the defense of those who would cheat and swindle her.</p> <p>(Syllabus by the court.)</p>