Kemp v. Folsom

Citations

• 14 Wash. 16
• 43 P. 1100
• 1896 Wash. LEXIS 295

Syllabus

<p>HUSBAND AND WIFE — SEPARATE PROPERTY OF WIFE IN HUSBAND’S NAME —LIABILITY FOR HIS DEBTS — ACTION TO ENJOIN LEVY AND SALE —PLEADING.</p> <p>In an action by a married woman to enjoin the sale of her separate property for a community debt incurred by the husband, proof of the character of the property is admissible under an allegation in the complaint that the plaintiff is the owner and that the property is her sole and separate property, although such allegation may be merely a conclusion of law.</p> <p>The fact that the record title to the wife’s separate realty is allowed to remain in the' name of the husband while he contracts debts in carrying on business, will not, in the absence of bad faith and fraudulent intent, estop the wife from asserting her title thereto.</p>