Marston v. Rue

Citations

• 92 Wash. 129
• 159 P. 111
• 1916 Wash. LEXIS 752

Syllabus

<p>Evidence — Presumptions—Laws of Other State. In the absence of proof, the marital property laws of Alaska are presumed to be the same as our own.</p> <p>Husband and Wife — Community Property — Acquisition ■ — Presumptions. An automobile purchased by a husband from his “mining operations,” one year following a division of community property with his wife, is presumptively community property, the burden being upon him to establish that it was purchased with the property previously set aside to him.</p> <p>Same — Community Property — Rights of Husband and Wife— Gift — Sale by Wife. The power of the husband to sell and dispose of the community personal property does not authorize him to give it away; hence an automobile given by him to a paramour, and abandoned by the husband who had left the state, may be retaken by the wife and sold by her as “perishable property.”</p> <p>Same — Sale by Wife — Essentials—Bill of Sale. A sale by a wife of perishable property abandoned by the husband is good by mere delivery, and it is immaterial that the bill of sale was not made in the husband’s name.</p> <p>Same. In such a case, the rights of the vendee are not affected by the fact that the wife intended to sell only her half interest.</p>