Litzell v. Hart

Citations

• 96 Wash. 471
• 165 P. 393
• 1917 Wash. LEXIS 612

Syllabus

<p>Judgment — Modification—Effect of Findings. In a proceeding to modify a judgment to conform to the findings, the findings in the former suit, unobjected to or appealed from, are conclusive.</p> <p>Husband and Wife — Community Property — Conveyance by Wife. Assignments and deed by a wife of community property, claiming the same as her separate property, without the consent of the husband, convey no title.</p> <p>Executors and Administrators — Actions—Community Property —Findings—Judgment. In an action to determine the status of property claimed by both husband and wife as the separate property of each, a finding that neither had sustained the burden of proving their separate claims, and that the property was community property, does not warrant a judgment assigning a half interest to each spouse individually, in severalty or otherwise.</p> <p>Judgment — 'Modification — Parties Entitled — Privies. Heirs, legatees and devisees being privies to judgments touching the estate in actions by administrators or executors, a legatee under a will has the same right as though he had been a nominal party to apply within one year for the vacation or modification of a judgment entered in an action against' the administratrix determining the right of the estate to community property of the testatrix.</p> <p>Same — Modification—Power of Court — Parties Entitled. Where the original judgment entered is not the decree actually rendered and intended to be entered by the court, the court has inherent power to modify the judgment to conform to the actual decision, and this may be done at the suit of any person injuriously affected.</p> <p>Same — Modification—Diligence. A proceeding to modify a judgment within the statutory period of one year will not fail for want of diligence where there was no abuse of discretion in entertaining the proceeding, which was instituted a very short time after the discovery of the facts.</p> <p>Same — Modification—Meritorious Cause. In a proceeding to modi