Legg v. Legg

Citations

• 34 Wash. 132
• 75 P. 130
• 1904 Wash. LEXIS 324

Syllabus

<p>Costs — Attobnet’s Pees — Action fob Pabtition. In an action for a partition of real estate, attorney’s fees outside the statutory fee can not be allowed or taxed as part of the costs or disbursements provided for by Bal. Code, § 5604, especially in view of the statute leaving attorney’s fees to the agreement of the parties.</p> <p>Pabtition — Condemnation Awaed Paid to Co-tenant in Possession — Tetjstee fob Co-tenants. Where condemnation proceedings for a right of way are prosecuted against a co-tenant in possession, the public records showing that she was the owner of the land, and a sum is awarded and paid to her as the value of the land taken, when in fact she had inherited but a one-half interest therein, in an action subsequently brought for a partition, she should be held to account as a trustee to the other heirs who were not parties to the condemnation proceedings, whether they were concluded thereby or not, since they may treat it as valid.</p> <p>Same — Default of Heir. An heir who was made a party to the condemnation proceedings and suffered a default therein is not entitled to share in the proceeds of such award.</p> <p>Community Property — Improvements on Husband’s Separate Real Estate — Reimbursement to Surviving Wife. Where a husband and wife by their joint efforts add $900 in value to the husband’s separate real estate, upon the death of the husband without issue, the wife, as survivor of the community, is entitled to reimbursement from such separate estate, for the said value of the improvements made by the community.</p>