Desmond v. Shotwell
| Decision Date | 01 February 1927 |
| Docket Number | 20255. |
| Citation | 252 P. 692,142 Wash. 187 |
| Parties | DESMOND, Sheriff et al. v. SHOTWELL et ux. |
| Court | Washington Supreme Court |
Department 2.
Appeal from Superior Court, Pierce County; Card, Judge.
Action by Tom Desmond, Sheriff of Pierce County, and others, against Roy Shotwell and wife. Judgment for defendants, and plaintiffs appeal. Affirmed.
Frank W. Cameron, of Seattle, for appellants.
Harmon & Keyes and J. H. Blakiston, all of Tacoma, for respondents.
A single question is presented for our determination. It is this: May a purchaser in possession of real property under an executory contract for the sale thereof claim a valid homestead therein?
Appellant contends, and his whole brief is devoted to the proposition that one in possession must, in order to claim a homestead be an owner of some interest in the real estate, and that since we held in Ashford v. Reese, 132 Wash. 649 233 P. 29, that a vendee under a conditional sale contract which reserved title in the vendor until all payments provided for therein were fully paid has no interest either legal or equitable in the property, the respondent here cannot claim the provisions of the statute.
The fundamental error in this line of reasoning is that nowhere in the statutes providing for homesteads is there any requirement that the person asserting the right must own either a legal or an equitable interest in the property claimed.
Section 528, Rem. Comp. Stats., provides:
'The homestead consists of the dwellinghouse, in which the claimant resides, and the land on which the same is situated, selected as in this chapter provided.'
Section 559, Rem. Comp. Stats., provides in part:
It is apparent from reading the above quoted sections that what is secured to the claimant is a dwelling or home for the family, and of course this is the underlying purpose of the statute. As to what right the occupant must have to assert this right, we said in Downey v Wilber, 117 Wash. 660, 202 P. 256, where one sought to claim a homestead on a portable bungalow placed on leased land:
'Seemingly, therefore, if a claimant has a sufficient interest in real property to entitle him to maintain a home thereon, he has such an...
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Cascade Sec. Bank v. Butler, 43812
...property, In re Estate of Fields, 141 Wash. 526, 252 P. 534 (1927); a vendee may claim a homestead in real property, Desmond v. Shotwell, 142 Wash. 187, 252 P. 692 (1927); a vendee is a real property owner for attachment purposes, State ex rel. Oatey Orchard Co. v. Superior Court, supra, 15......
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In re McDaniel
...property, In re Estate of Fields, 141 Wash. 526, 252 P. 534 (1927); a vendee may claim a homestead in real property, Desmond v. Shotwell, 142 Wash. 187, 252 P. 692 (1927); a vendee is a real property owner for attachment purposes, State v. ex rel. Oatey Orchards Co. v. Superior Court, supra......
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Nw. Cascade, Inc. v. Unique Constr., Inc.
...is “a sufficient interest in real property to entitle him to maintain a home thereon.” 117 Wash. at 661, 202 P. 256.¶ 33 Next, in Desmond v. Shotwell, a vendee purchased a property from a vendor pursuant to a conditional contract under which the vendor kept title to the property until the v......
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Tomlinson v. Clarke
...property, In re Estate of Fields, 141 Wash. 526, 252 P. 534 (1927); a vendee may claim a homestead in real property, Desmond v. Shotwell, 142 Wash. 187, 252 P. 692 (1927); a vendee is a real property owner for attachment purposes, State ex rel. Oatey Orchard Co. v. Superior Court, supra [15......
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Equitable Conversion in Washington: the Doctrine That Dares Not Speak Its Name
...Relationship in Washington, 22 Wash. L. Rev. 110 (1947). 9. Daniels v. Fossas, 152 Wash. 516, 278 P. 412. 10. Desmond v. Shotwell, 142 Wash. 187, 252 P. 692 (1927). 11. Pratt v. Rhodes, 142 Wash. 411, 253 P. 640 (1927). 12. Kateiva v. Snyder, 143 Wash. 172, 254 P. 857 (1927). 13. Lawson v. ......
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Table of Cases
...Wash. 588, 67 P. 240 (1901): 6.5(16) Deschamps, In reEstate of, 77 Wash. 514, 137 P. 1009 (1914): 3.1(5), 3.4(1)(b) Desmond v.Shotwell, 142 Wash. 187, 252 P. 692 (1927): 6.5(12) Dessauer, In reMarriage of, 97 Wn.2d 831, 650 P.2d 1099 (1982): 3.1(10), 5.6(5) Dewberry v.George, 115 Wn.App. 35......
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§6.5 Enforcement of Judgments
...The property claimed may be held by the claimant as a purchaser under an executory contract of sale. See, e.g., Desmond v. Shotwell, 142 Wash. 187, 252 P. 692 (1927). The property claimed may be mortgaged. However, a prior mortgage will not be defeated by the declaration. Hookway v. Thompso......
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Real Estate Contracts and the Doctrine of Equitable Conversion in Washington: Dispelling the Ashford Cloud
...and assignable, Kendrick v. Davis, 75 Wash. 2d 456, 460, 452 P.2d 222, 225 (1969), and may be homesteaded, Desmond v. Shotwell, 142 Wash. 187, 189, 252 P. 692, 692 (1927). The purchaser may protest the formation of a special district as an owner, Committee of Protesting Citizens v. Val Vue ......