Teynor v. Heible

Citations

• 74 Wash. 222
• 133 P. 1
• 1913 Wash. LEXIS 2024

Syllabus

<p>Husband and Wipe — Community Property — Public Lands — Homestead Entry — Title. Where a single man made homestead entry upon public lands, and subsequently married and thereafter patent issued to him, the land became his separate property.</p> <p>Executors and Administrators — Final Distribution — Notice— Sufficiency — Jurisdiction. Under Rem. & Bal. Code, §§ 1589, 1499, and 1500, requiring the time for final settlement of an estate to be fixed for not less than four or more than eight weeks from the time of making the order, and notice to be given by personal service or by publication for at least four successive weeks, a final distribution is without jurisdiction, and is subject to collateral attack, where only 21 days elapsed between the date of the order and the time of the hearing, and less than three weeks elapsed between the first publication of notice and the date of the hearing.</p> <p>Judgments — Conclusiveness—Collateral Attack — Recitals. A recital in a judgment of final distribution that the court finds from “affidavits on file” that due service of notice was made, does not raise the presumption, on collateral attack, of a valid personal service, where the only affidavits on file show a defective publication; since the only affidavits on file negative personal service and affirmatively show want of jurisdiction.</p>