Warburton v. White
| Citation | 52 P. 532,18 Wash. 511 |
| Parties | WARBURTON v. WHITE ET AL. |
| Decision Date | 08 March 1898 |
| Court | Washington Supreme Court |
On petition for rehearing. Denied.
For former opinion, see 52 P. 233.
This cause is before us on a petition for a rehearing, appellant asking a further consideration of the question, before urged by him in his brief and on the oral argument, that the right of survivorship granted under the law of 1875, and the rights urged under the law of 1873, were vested, proprietary, and contractual rights, and that, therefore, later acts of the legislature could not deprive appellant of them on the ground that it would impair the obligation of the contract by which the property was obtained, and thus be in conflict with the constitution of the United States. If any of these questions are presented by the record, it is sufficient to say that the court was and is of the opinion that section 2 of the act (Laws 1875, p. 53) was never in force to the extent of conferring a vested right of survivorship in favor of either spouse as to community property. As such it would have been void, as not being embraced in the title of the act; and at most it could only be construed as a statute regulating the descent of property, and it was within the power of the legislature to change it, which was thereafter done. We were of the opinion, also, that, even though it conferred a right to property by survivorship, it could be taken away, and was by subsequent legislation, and that, under the laws of 1873, no vested rights were conferred upon the husband as claimed, but that the same were within the power of the legislature to change thereafter as was done. Rights, such as are claimed by this appellant, never were recognized or enforced here, either during territorial days or since, under either of said acts; but the uniform holdings have been to the contrary, as stated in the former opinion. The petition is denied.
To continue reading
Request your trial