First Nat. Bank v. Cunningham
| Decision Date | 01 April 1913 |
| Citation | 72 Wash. 532,130 P. 1148 |
| Parties | FIRST NAT. BANK OF RITZVILLE v. CUNNINGHAM. |
| Court | Washington Supreme Court |
Department 2. Appeal from Superior Court, Adams County; O. R. Holcomb Judge.
Action by the First National Bank of Ritzville against W. R Cunningham, as executor of Rebecca Cunningham, deceased. From a judgment for plaintiff, defendant appeals. Affirmed.
Walter Staser, of Ritzville, and C. H. Spalding, of Lind, for appellant.
Lovell & Davis, of Ritzville, for respondent.
Appeal from a judgment establishing as a proper claim against the estate of a deceased wife a judgment obtained in an action against the husband alone upon a community indebtedness. The respondent first brought an action against the husband upon two promissory notes, without making the wife a party. Pending this action the wife died. The action proceeded to judgment. This judgment is admitted to be a community judgment. Respondent then filed the judgment as a claim against the community in the estate of the deceased wife. It was rejected, and this suit was brought thereon, resulting in the judgment appealed from.
These facts support the judgment so clearly that it is difficult to find anything to discuss without again opening up the long ago settled law of this state. When the wife died, the entire community estate was subject to administration, and all community debts were proper claims against that estate. The judgment against the husband, being a community judgment, was properly filed as a claim against the community estate; such a judgment being enforceable out of the separate property of the husband or the community property. Oregon Imp. Co. v Sagmeister, 4 Wash. 710, 30 P. 1058, 19 L. R. A. 233; Curry v. Catlin, 9 Wash. 495, 37 P. 678, 39 P. 101; McDonough v. Craig, 10 Wash. 239, 38 P. 1034; Ryan v. Fergusson, 3 Wash. 356, 28 P. 910; In re Hill's Estate, 6 Wash. 285, 33 P. 585.
That this is the law is admitted by appellant; his contention being that, under section 1481, Rem. & Bal., providing that 'If any action be pending against the testator or intestate at the time of his death, the plaintiff shall, in like manner, present his claim to the executor or administrator for allowance or rejection, authenticated as in other cases; and no recovery shall be had in the action unless proof be made of the presentment'--the wife having died during the pendency of the first action and by her death subjected...
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