Ruuth v. Morse Hardware Co.

Citations

• 74 Wash. 361
• 133 P. 587
• 1913 Wash. LEXIS 2058

Syllabus

<p>Fraudulent Conveyances — Deed eeom Husband to Wipe — Rights oe Creditors — Subsequent Purchaser. A conveyance by husband to wife of community property without a valuable consideration, after contracting a community debt, is constructively fraudulent as to the community creditor.</p> <p>Judgments — Lien—Community Debt — Husband and Wife. Where one of the parties jointly interested in the purchase of land quit-claimed to his wife in fraud of creditors before acquiring title, title acquired -jointly, after judgment against him, meets the lien of the judgment, and one of his partners thereafter taking a warranty deed from him and his wife is not an innocent purchaser, where he knew his relation to the property, and at his instance advanced his share of the purchase price for the final payment.</p> <p>Subrogation — Right to Payment — By Joint Purchaser. One of the joint purchasers of land, who advanced the sum necessary to make final payment, after judgment lien against one of the other vendees who was unable to pay his share, is entitled to be subrogated to the extent of such advances; as he is not a mere volunteer.</p> <p>Appeal — Review—Pleading—Amendment to Conform: to Proof. In an action to quiet title to land, evidence admitted without objection showing that the plaintiff was entitled to be subrogated to the extent of advances made by him for the benefit of his grantor, entitled him to an amendment of the pleadings to conform to the proof, which the supreme court on appeal will deem to have been made.</p>