Wingard v. Wingard

Citations

• 56 Wash. 389
• 105 P. 834
• 1909 Wash. LEXIS 909

Syllabus

<p>Husband and Wife — Community Property — Acquisition After Divorce. Land settled upon by a husband and wife who were trespassers and without claim of right or title or any equity, is not their community property by reason of pending negotiations for its purchase and improvements placed thereon by them; and where, after a decree of divorce which did not mention the property, the land was purchased by the husband, who had remained in possession, the same is his separate property, notwithstanding the purchase was made on the terms of the negotiations pending before divorce, and notwithstanding that, in an ejectment suit, the husband by his answer had made a claim of right antedating the divorce decree.</p> <p>Same — Estoppel — Admission in Pleading — Parties Affected. The wife, having no equity, could not avail herself of any admissions by the husband in the ejectment suit.</p>