Normile v. Denison

Citations

• 109 Wash. 205
• 186 P. 305
• 1919 Wash. LEXIS 967

Syllabus

<p>Husband and Wife (37, 103-1)—Acts in Fraud of Wife—Separation Agreements. Where a property settlement was induced by the husband’s false representations and his concealment of a substantial amount of personal property belonging to the community, which the wife could not have discovered by diligent effort, she may recover her damages, notwithstanding the agreement provided that she waived all rights and claims she might have by reason of any false representations inducing her to enter into it.</p> <p>Same (37, 104)—Fraud — Action on Separation Agreement — Pleading. Where it appeared from her complaint that a wife was induced to enter into a final property settlement by false representations and concealment, a defense that she knew she had been defrauded by a prior partial settlement and in the final agreement compromised the fraud must be raised by answer, where there was nothing in the complaint to justify assumption of such fact.</p> <p>Same (37, 104)—Defenses. In an action by a widow to recover a half interest in community property, concealed from her by her late husband upon the making of a property settlement between them, in which she offers to account for all community property received by her in the settlement, the defense that the parties cannot be put in statu quo is unavailing, as the court can do equity between the parties.</p>