Mineah v. Duffy

Citations

• 103 Wash. 547
• 175 P. 170

Syllabus

<p>Husband and Wife — Community Debt — Actions — Judgment— Construction. Where the complaint in an action to foreclose a mortgage alleged that it was a community debt and the same was admitted by the answers, a deficiency judgment against the husband, who alone signed the note, is not an adjudication that the debt was his separate debt, there being no provision that it was to be executed against his separate property; and community property was subject to it, in view! of the whole record and the rule that a judgment against the husband alone is prima facie a community liability.</p> <p>Estoppel — Assertion of Contrary Claims — Change of Situation. A community creditor, who, in actions to set aside fraudulent conveyances, claimed the property conveyed was the separate property of the husband, is not estopped from subsequently asserting that it was community property in a suit to enjoin his execution sale, where he was nonsuited, recovering nothing by his first actions, in which the character of the property was immaterial, since the rights of the parties were not changed or affected.</p>