Monroe v. Stayt

Citations

• 57 Wash. 592
• 107 P. 517
• 1910 Wash. LEXIS 803

Syllabus

<p>Landlord and Tenant — Estoppel to Deny Title — Unlawful Detainer — Husband and Wife — Community Relation. Where premises leased by a husband alone were occupied by the husband and wife and rent paid for the full term, the wife is estopped, as a member of the community, from disputing the title of the landlord, in an action for unlawful detainer, notwithstanding that the community relation was not considered in making the lease and that she did not sign the lease.</p> <p>Landlord and Tenant — Unlawful Detainer — Title of Plaintiff. The title of the plaintiff cannot be tried out in an action of unlawful detainer of demised premises.</p> <p>Husband and Wife — Community Propebty — Incumbrances. A promise by a husband to pay rent is not an incumbrance of community real estate, within Rem. & Bal. Code, § 5918, providing that the husband cannot incumber the same without the wife’s consent.</p>