Krieg v. Lewis
| Decision Date | 06 December 1909 |
| Citation | 56 Wash. 196,105 P. 483 |
| Parties | KRIEG v. LEWIS et ux. |
| Court | Washington Supreme Court |
Department 2. Appeal from Superior Court, San Juan County; George A Joiner, Judge.
Action by Edith Krieg against James Hamilton Lewis and wife. From a judgment in favor of plaintiff, defendants appeal. Affirmed.
James B. Howe, for appellant.
L. J Irwin and Marion Edwards, for respondent.
The material findings of fact, which are not excepted to, and on which this appeal is based, are, briefly, as follows: Martin Phillips and his wife, Ellen, were married in the year 1872 and plaintiff their only child, was born August 13, 1884. Said Phillips, with his wife, about January 19, 1882, settled and took up his residence on the land in controversy in this action while the land was a part of the public domain, for the purpose of making the same their home and acquiring title thereto under the homestead laws of the United States, and they continued to reside upon said lands and cultivated the same until the year 1888. On January 19, 1882 Phillips filed his application to enter said lands as a homestead, complied with the homestead laws of the United States, and on November 9, 1883, commuted his homestead entry by making cash payment, and at the same time made the necessary proof of settlement, residence, and cultivation, and received his final homestead certificate. On June 20, 1884, patent to said lands from the United States was issued in said Phillips under the homestead laws. On February 24, 1888, while Phillips and his wife were still residing upon said lands, the said Ellen Phillips died intestate, leaving surviving her her said husband, Martin Phillips, and her child, Edith Phillips, plaintiff in this action, but no other child or descendent of any other child. Thereafter the said Martin Phillips married his second wife, Susan Phillips, and on the 15th day of May, 1890, said Martin Phillips and Susan Phillips, by deed of conveyance dated and acknowledged May 15, 1890, conveyed to the defendant James Hamilton Lewis the lands in controversy in this action. The said James Hamilton Lewis has since married the defendant Rose L. Lewis. Upon these facts the court found as conclusions of law that the plaintiff, Edith Phillips, was entitled to a decree declaring that she was the owner of an undivided one-half interest in the above-described land, subject to the lien in favor of the defendant James Hamilton Lewis for one-half of the amount of taxes which he had theretofore paid, with interest thereon, and that plaintiff is entitled to have said lands partitioned and her share thereof set off and allotted to her in severalty, subject to the lien of said James Hamilton Lewis for said taxes and interest aforesaid. The defendants excepted to the conclusions of law, and appealed from the judgment rendered.
It is contended by the appellants that the error of the superior court consisted in assuming that the title, conveyed by the patent of the United States to the father of the respondent depended...
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Eckert v. Schmitt
...equivalent in law to a title vested; and that a homestead title is acquired by purchase and not by gift. In the late case of Krieg v. Lewis, 56 Wash. 196, 105 P. 483, we that, where the patent issues before the death of the wife, the land is community property. The respondents contend that ......
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Teynor v. Heible
... ... 19, 92 P. 774, 95 P. 1014; ... Delacey v. Commercial Trust Co., 51 Wash. 542, 99 P ... 574, 130 Am. St. Rep. 1112; Krieg v. Lewis, 56 Wash ... 196, 105 P. 483, 26 L. R. A. (N. S.) 1117; Curry v ... Wilson, 57 Wash. 509, 107 P. 367; Eckert v ... ...
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... ... Hall, 41 Wash. 186, 83 P. 108, 111 Am.St.Rep. 1016; ... Cunningham v. Krutz, 41 Wash. 190, 83 P. 109, 7 ... L.R.A. (N.S.) 967; Krieg v. Lewis, 56 Wash. 196, 105 ... P. 483, 26 L.R.A. (N.S.) 1117. It is of no assistance to us ... to refer to Missouri, Louisiana, and California ... ...
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Table of Cases
...In reMarriage of, 61 Wn.App. 45, 808 P.2d 1176 (1991), aff d, 119 Wn.2d 438,832 P.2d 871 (1992): 3.1, 3.1(10), 3.2(6)(c) Krieg v. Lewis,56 Wash. 196, 105 P. 483 (1909): 4.11 Kritzer v.Collier, 28 Wn.2d 356, 183 P.2d 195 (1947): 6.5(4) Kruse, In reEstate of, 19 Wn.App. 242, 574 P.2d 744, rev......
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§4.11 Management After Death of A Spouse; Testamentary Powers
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