Fielding v. Ketler
| Decision Date | 26 June 1915 |
| Docket Number | 12584 1/2. |
| Citation | 86 Wash. 194,149 P. 667 |
| Court | Washington Supreme Court |
| Parties | FIELDING v. KETLER et ux. |
Department 1. Appeal from Superior Court, Pierce County; C. M Easterday, Judge.
Action by Katherine Fielding against H. L. Ketler and wife. Judgment for plaintiff, and defendants appeal. Affirmed.
J. W Selden, of Tacoma, for appellants.
Gilbert E. Peterson, of Tacoma, for respondent.
Numerous assignments of error are made by appellants on this appeal but the only question argued is whether or not the debt is a community debt, and should stand as a lien against the community property of appellants. The trial court so found and concluded and rendered judgment accordingly.
Katherine Fielding is the mother of appellant Martha Ketler. Appellants had been married some 31 or 32 years prior to the original transaction involved in this action, and and were living together as husband and wife at the time and since. On October 7, 1911, Martha Ketler obtained from respondent $300, which she claimed and testified was an advancement or gift to her. Respondent testified it was a loan, produced a letter from her daughter admitting it was a loan, the court so found, and the evidence fully justifies the finding. Appellants claimed, however, that the money was used by the wife as part purchase price of a hotel business, not the real estate, which she bought and managed as her own sole and separate property, and with which the husband had nothing to do. The legal presumption is, of course, that, the money being borrowed, it became a community liability. Our statutes define separate property as that acquired by either spouse (1) before marriage, or (2) by gift, devise, or inheritance, and the rents, issues, and profits of property so acquired. Sections 5915, 5916, Rem. & Bal. Code. Exceptions are also made in favor of the wife as to her earnings by personal labor, and as to the earnings and accumulations of herself and minor children living with her, or in her custody, while she is living separate and apart from her husband, by the provisions of sections 5920, 5921, Rem. & Bal. Code. The hotel was occupied by the appellants together, though the husband was away much of the time at other work he had, and the wife ran the hotel.
In this case appellants in reality sought to establish that the money was acquired by the wife as a gift from the mother, so as to come under the provisions of section 5916, supra, and failed. It was established...
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Gleason v. Metro. Mortgage Company, 1521--II
...Colagrossi v. Hendrickson, 50 Wash.2d 266, 310 P.2d 1072 (1957); Lucci v. Lucci, 2 Wash.2d 624, 99 P.2d 393 (1940); Fielding v. Ketler, 86 Wash. 194, 149 P. 667 (1915). Judge Cochran's findings are, therefore, based upon substantial evidence and his conclusions are in accord with the law; t......
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Poe v. Seaborn 21 930
...denial of the wife's interest as co-owner. The wife may borrow for community purposes and bind the community property. Fielding v. Ketler, 86 Wash. 194, 149 P. 667. Since the husband may not discharge his separate obligation out of commnit y property, she may, suing alone, enjoin collection......
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Oil Heat Co. of Port Angeles, Inc. v. Sweeney
...849, 190 P.2d 575 (1948); Yates v. Dohring, 24 Wash.2d 877, 881, 168 P.2d 404 (1946); Cross, supra at 753. See also Fielding v. Ketler, 86 Wash. 194, 149 P. 667 (1915); Makeig v. United Security Bank & Trust Co., 112 Cal.App. 138, 296 P. 673 (1931); Succession of Le Jeune, 221 La. 437, 59 S......
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Wallace v. Thomas
... ... The ... following cases lay down a similar rule: Stevens v ... Kittredge, 44 Wash. 347, 87 P. 484; Fielding v ... Ketler, 86 Wash. 194, 149 P. 667; Streck v ... Taylor, 173 Wash. 367, 23 P.2d 415; Short v ... Dolling, 178 Wash. 467, 35 ... ...