O'Connor v. Jackson

Citations

• 33 Wash. 219
• 74 P. 372
• 1903 Wash. LEXIS 511

Syllabus

<p>Community Property—Oral Sale by Husband—Possession of Purchaser—Payment—Notice to Wife Presumed—Specific Performance. Where a husband and wife are in the actual possession of community realty, and place a purchaser in possession under an oral agreement of sale made by the husband alone, the consideration paid by the purchaser is presumed to move to the community and the assent of the wife is presumed until the contrary is made distinctly to appear; and specific performance may be decreed without showing the wife’s knowledge of the oral agreement, where there is nothing to overcome such presumption.</p> <p>Landlord and Tenant—Disputing Title of Landlord. A tenant in possession can acquire no interest by quitclaim deed as against his landlord.</p>