Normile v. Denison

Citations

• 116 Wash. 452
• 199 P. 995
• 1921 Wash. LEXIS 964

Syllabus

<p>Divorce (50-1)—Judgment (227)—Res Judicata—Matters Concluded—Property Rights. Although the complaint of the wife in an action for divorce alleged that the parties “have made between-themselves a complete adjustment and settlement of their property rights,” a decree of divorce confirming their division of the community real estate, without attempting to dispose of their community personalty or mention of the agreement, which was not pleaded, and which was void for fraudulent concealment, is not res a&juMcata, as to personal property rights, and would not bar her from maintaining a subsequent action for the division of community personalty the existence of which had been fraudulently concealed from her at the time of the agreement between the spouses.</p> <p>Witnesses (44)—Competency — Transactions With Person .Since Deceased. In an action by a divorced wife to recover one-half of community personal property fraudulently concealed from her by her husband at the time of a property division agreement between them, her testimony that she relied upon the statements made to her and obtained from other witnesses who testified as to representations made by her husband, since deceased, without attempting to testify as to what was said by the latter, would not come within the statutory prohibition against testifying as to transactions with a deceased person.</p>