Nixon v. Post

Citations

• 13 Wash. 181
• 43 P. 23
• 1895 Wash. LEXIS 71

Syllabus

<p>EVIDENCE — PRESUMPTIONS ARISING PROM DEED OF. LAND—COMMUNITY PROPERTY — ACKNOWLEDGMENT BEFORE HUSBAND OF GRANTEE.</p> <p>The presumption of the regular execution and delivery of a deed arising from its being found in the possession of the grantee and being in due form is not overcome by the positive testimony of one of the grantors that she never executed it, when such presumption is sustained by numerous other circumstances consistent with it.</p> <p>Where land is deeded to a wife as her separate property, the acknowledgment of the grantors may be taken before the grantee’s husband, if he is authorized to take acknowledgments.</p> <p>The action of the husband in consummating a trade for certain residence property and taking the deed therefor in his wife’s name on the anniversary of their wedding, and in at once delivering the deed to the wife as a gift, is sufficient, as between grantor and grantee, to establish his intention to have the wife take the property as her separate estate.</p>