Sloan v. West

Citations

• 63 Wash. 623
• 116 P. 272
• 1911 Wash. LEXIS 1256

Syllabus

<p>Husband and Wife- — Marriage—Community Property — Presumptions^ — Burden of Proof. Where parties cohabited as husband and wife, without any marriage, there can be no community property or presumptions attending the marriage state; and the burden of proof is upon the one claiming an interest in property the title to which is vested in the other.</p> <p>Appeal — Review—Findings. Findings upon conflicting evidence will not be disturbed on appeal unless manifestly unjust.</p> <p>Appeal — Review — Harmless Error — Jury Trial — Question of Law. The trial of an action to try title as an equitable case, and refusing to submit all the issues to a jury, is harmless where the evidence was insufficient to overcome the legal presumptions flowing from deeds.</p> <p>Appeal — Review—Decision—Subsequent Appeal- — Law of Case. Where, upon a former appeal, the supreme court held that the title to property was separate and subject only to defeasance by matters not in the record, and on a retrial, there was presented only a question of law as to the effect of deeds, the former decision is conclusive.</p> <p>Courts — Probate Courts — Equitable Issues — Executors and Administrators — Fees. The superior court, sitting in probate, may exercise its equity powers, and having framed and tried an issue to try title, may, on final decree, allow administrators’ and guardians’ fees not covered by the pleadings on such issue.</p> <p>Executors and Administrators — Fees — Estoppel to Dispute. Where a man allowed his property to be brought into probate as community property and to remain there several years, employing attorneys and availing himself of the services of an administrator and guardian ad litem, the fees and expenses are properly charged to the property, although it was found in an equitable issue, framed to try title, that it was not community property, and that there was no property of the deceased for distribution.</p>