Union Securities Co. v. Smith

Citations

• 93 Wash. 115
• 160 P. 304
• 1916 Wash. LEXIS 1172

Syllabus

<p>Husband and Wipe — Separate Property — Oral Agreements After Marriage — Validity. An oral agreement between husband and wife after marriage that property inherited by the wife and whatever she acquired should be hers and go to her children upon her death and that whatever he acquired and his personal earnings should be his and go to his children by a former marriage, continuously acted upon, is valid and makes the property the separate estate of each.</p> <p>Same — Community or Separate Debt — Bond of Husband. Where a husband purchased corporate stock with his separate estate, and signed a bond as a stockholder for the benefit of the corporation, the bond is not a community debt.</p> <p>Same — Community Property ■ — ■ Presumption — Purchase With Wife’s Separate Funds — Evidence. Although the purchase price of land was raised by the giving of joint notes and two mortgages by two communities, creating the presumption that the land purchased was the community property of both communities, an undivided one-half thereof will be held the separate property of one of the wives, where her separate property discharged one-half of the obligations and her husband contributed nothing to the purchase.</p> <p>Husband and Wife — Community Property — Bond of Husband. Where a husband, holding stock as community property, executed a bond to secure the indebtedness of the company, the bond is a community debt.</p> <p>Fraudulent Conveyances — Preferences — Debt — Bona Fides— Evidence — Sufficiency. In an action to set aside conveyances by a judgment debtor to his mother as fraudulent as to creditors, upon an issue as to whether the conveyances were a lawful preference on a tona fide debt, vague and indefinite testimony as to events recently occurring and which if true could have been easily corroborated by clear and convincing evidence, but were not, is insufficient to overcome positive evidence that the grantor had paid a large portion of the debt by borrowing money at a bank and pa