Shoemake v. Stimson

Citations

• 16 Wash. 1
• 47 P. 218
• 1896 Wash. LEXIS 1

Syllabus

<p>FRAUD —PLEADING AND PROOF — SURETYSHIP — CONTRIBUTION AMONG CO-SURETIES—LIABILITY OP LANDS ACQUIRED UNDER HOMESTEAD ACT.</p> <p>In an action by a wife to enjoin the sale upon execution, in satisfaction of a judgment against her husband, of land deeded to her by her husband, the burden of proof is upon the wife, under Gen. Stat., sec. 1455, to show the good faith of the transaction; and, after attempting by pleading and proof to establish that fact, she is not in a position to object to a finding of fraud made by the court in the absence of allegations thereof in the pleadings.</p> <p>The indebtedness of one co-surety to another does not accrue at the time of their signing the obligation of the principal debtor, but on the date that one co-surety makes payment on the common obligation in excess of his share of the common burden.</p> <p>Lands acquired under the homestead laws of the United States are not exempt from execution in satisfaction of a claim for contribution among co-sureties, although the principal obligation may have been incurred prior to the issuance of patent, if the payment by one co-surety, upon which the claim of contribution is founded, has not been made until after the issuance of patent.</p>