Lee v. Wrixon

Citations

• 37 Wash. 47
• 79 P. 489
• 1905 Wash. LEXIS 669

Syllabus

<p>Vendor and Purchaser — Frauds, Statute of — Execution of Verbal Promise to Convey Land — Part Performance — Festino Title — Attachment. Where parents outfitted their son for Alaska, he being -without means and in debt, and paid of£ his debts amounting to several hundred dollars, under the verbal promise that, if his venture was successful, he would, out of his first earnings, purchase and present them a farm for a permanent home, and in pursuance thereof, upon returning with $5,000, he purchased a farm, taking a deed in his own name, and placed his parents in possession, delivering them the deed, and agreeing to execute a deed to them, the transaction is' not a gift, hut amounts to an executed contract o'f sale, with the purchase price paid, and there is such a part performance as to take the case out of the operation of the statute of frauds, and vest in the parents all except the hare legal title to the property, so that the same would not he subject to attachment for the debts of the son subsequently contracted.</p> <p>Executions — Sales—Bona Fide Purchaser. In this state an attaching creditor acquiring title to his debtor’s realty is not a bona fide purchaser, and takes only the debtor’s interest.</p>