Nelson v. McPhee

Citations

• 59 Wash. 103
• 109 P. 305
• 1910 Wash. LEXIS 1140

Syllabus

<p>Appeal — Record—Review. Where the record on appeal consists of the pleadings, findings, conclusions, and decree, the only question for review is whether the findings support the decree.</p> <p>Appeal — Review—Findings. In the absence of the evidence it will be presumed sufficient to support a decree, although the findings were defective and incomplete.</p> <p>Divorce — Decree—Construction—Division of Property. Where the pleadings in a divorce action submitted specified community property to the jurisdiction of the court, praying that an equitable share be apportioned to the wife, a decree, based on findings in favor of the wife, awarding her more than one-half in value of all the property, was intended to set apart such equitable share, and left the balance standing in the husband’s name as his share, although not mentioned in the decree, free from any claim of the wife; and the fact that she joined in a mortgage thereof pending appeal is not evidence that she retained an interest therein.</p>