Malloy v. Benway

Citations

• 34 Wash. 315
• 75 P. 869
• 1904 Wash. LEXIS 352

Syllabus

<p>Ejectment — Complaint—Sufficiency—Husband and Wife— Conveyance Between — Presumption of Good Faith Until Questioned. A complaint for tbe recovery of tbe posession of land, plaintiff’s title to wbicb is based upon a conveyance between a husband and wife, need not allege that such a conveyance was made in good faith under tbe statute casting the burden of proof upon the plaintiff, since such is the presumption until the good faith of the transaction is called in question and plaintiff need not anticipate such an issue, and since the pleading is to be liberally construed.</p> <p>Same — Deed — Delivery — Evidence — Sufficiency — Title of Plaintiff — Failure of Proof as to Delivery of Papers — Non-Suit. In an action for the recovery of possession of premises in which the plaintiff claimed through a written assignment of a lease from B, there is a total failure of proof as to plaintiff’s title and a nonsuit should be granted, where it appears that the assignment was made in consideration of $350, that only $50 was paid to one S, an attorney acting as agent between the parties, that the balance was to be paid upon the plaintiff’s obtaining possession, and that the lease and assignment were not delivered to the plaintiff, but were held by S until the balance of the purchase price was paid, since there is a complete failure of proof as to the delivery of the papers constituting plaintiff’s title.</p>