Plath v. Mullins

Citations

• 87 Wash. 403
• 151 P. 811
• 1915 Wash. LEXIS 914

Syllabus

<p>Husband and Wife—Community Property—Presumptions. Where a husband acquired real property in this state during the marriage relation, it is presumed to be community property, and the burden rests upon the spouse asserting its separate character to establish the fact by clear and satisfactory evidence.</p> <p>Same—Community Property—Wife’s Separate Estate—Gifts— Presumption—Evidence. Where husband and wife, from profits of business conducted in Montana, paid for real property purchased in this state in the husband’s name, it could become the separate property of the wife only by reason of a gift to her of the profits of the Montana business, and tracing it to the land; which gift cannot be presumed, but must be shown by clear, convincing, strong and satisfactory evidence.</p> <p>Same—Community Property—Separate Property of Wife — Presumptions. The fact that a married woman kept bank accounts in her own name does not establish their separate character, the presumption being that they were community property.</p> <p>Evidence—-Admissions — Declaration of Deceased Persons — Weight. Evidence of admissions of a deceased husband that a ranch, purchased in his name, was the separate property of the wife, is competent, but should be received with caution and subject to careful scrutiny.</p> <p>Husband and Wife — Community Property — Gifts—Presumptions—Resulting Trust—Proof. A contract for the purchase of land in the name of the husband, even though purchased with separate funds of the wife, raises a presumption of a gift to the husband, rather than a trust for the wife, to be overcome only by clear, cogent and convincing evidence to the contrary.</p> <p>Appeal—Review—Complaint—Objections—Waiver. Upon objection first made on appeal that a complaint was insufficient in failing to show decedent’s insolvency, a complaint stating that the estate had no other property to pay claims of creditors, will be held to state a cause of action.</p> <p>Evidence—Admissions by Agents. Where