Palmer v. Abrahams

Citations

• 55 Wash. 352
• 104 P. 648
• 1909 Wash. LEXIS 761

Syllabus

<p>Trusts — Deed in Trust — Evidence to Establish — Sufficiency. In an action to quiet title, the evidence is insufficient to show that an absolute deed made by a husband and wife was in trust, where the wife’s testimony to that effect was contradicted by her husband, who testified that he negotiated the sale and that the deed was made upon full consideration.</p> <p>Husband and Wife — Community or Separate Property — Evidence —Sufficiency. It sufficiently appears that property sold by a husband and wife, and later conveyed to the husband, became, his separate property, where the wife produced no evidence to contradict the husband’s statement that he paid for it out of his separate estate, and from her testimony the conveyance would appear to have been without consideration and a gift to the husband.</p> <p>Guardian and Ward — Sale of Real Estate — Power of Guardian. A guardian’s deed of real estate without any order of court is a nullity.</p> <p>Quieting Title — Ejectment—Improvements—Value—Evidence— Sufficiency. A finding that the value of improvements on real property is $400 is contrary to the evidence, where the only testimony on the subject was the affidavits of two witnesses fixing the value at $700 and $1,300, respectively.</p> <p>Quieting Title — Ejectment — Improvements—Judgment—Form. In an action to quiet title, in’ which the court finds the title in the defendant subject to the value of plaintiff’s improvements, the judgment is bad in form where it permits the plaintiffs to remain in possession until their lien for improvements is paid; and the judgment must establish the rights of the parties in conformity with Laws 1903, p. 262.</p>