The daily intelligencer. [volume] (Seattle, Wash. Territory [i.e. Wash.]) 1876-1881, 1879-08-27
DISTRICT COURT DECISION.

Territory of Washington. Third Judicial
District-District Court. August term,
1879. st Seattle.
Wiltermood rs. Sabord-Dsmurrsr to
Reply.
The defendant pleads her coverture.
The plaintiff replies that she is living
separate and apart from her husband.
COverture, were there no statute to
the contrary. would DO good plea in
bar. because st common law q wife
could not make . lawful contract nor
hold lands nor goods. Statutes varying
from Ahs common law in this particular
have been passed in most Of the States
OF the Union. Our own Territory has
such an ono now in force. BY an Act
defining the rights Of husband aud
wife. passed in 1873. Up 45O) q woman
married in this Territory since the pas
sage Of that Act. or who. being married,
il residing here, can acquire and own
property. real and personal, both sepAr-
stely from her husband and iu common
with him.
Since that Act became the law, the
presumptions always ere that property
- held BY husband or wife subject to
the provisions Of it. and that any par
ticular pieoe Of goods or land 10 common
property. II any married person claims
. separate estate. or any rights outside
tho statute or exceptional rights withiE
the statuts, the burden 10 on him or her
to show them.
Our statute does not. ss the cognste
statutes Of many of the States do, give
the wife the right 70 manage and con-
troll. or even possess. her separate stat
utory estate. II it did. then. incident
to the right Of possession, management
and control would como naturally
the right to make and enforce such con.
trscts IS might BE- necessary to enable
her to hold. enjoy. improve and repair
her property, Wells On 8 p n W, sec.
tious 3lo-324) and also the liability to
be sued. wells on 8 p n W, sections
600 -eO6.)
Our statute clearly provides. however,
that ~ rule the husband shall have
the management and control Of the
separate property Of the wife during
the continuance Of the marriage, and
that neither her real nor her personal
property shall be conveyed, aiienated,
sold. assigned or encountered without
abe joins in the Get ei transfer. tSec-
ton 9. p 45l; sec q. p Asa. '7s) And
geaArssiy, - TO the common property,
me husband has tho entire management
and ooatyol Of il. with tho like absolute
power Of disposition a. Of his own sep.
arate estate (sec o. p 452.l II the hus-
band 10 likely to mismanage or waste
the viis's separate property. be may be
displaced by . trustee, to be appointed
BY the District Court on proper appli-
cation (sec 81.
But whenever, by the terms Of a BE-
quest devise or gift to the wife, the
rents aud profits of the property &C.
quirsd are to be applied TO her sole and
separate uss. then she has the entire
management aud contro! Of them (scc.
y. p 432. In no other case. unless per.
hAps under the provisions OF An ante.
uuptial contract, (sections 1920 does
The wife have any more or greater power
to hold. possess and enjoy her property
than abe had Ut common law. Indeed
In oil but the excepted cases the wife,
property and interest would seem 10 b<
held BY her husband not only - q com
mon occupant with her. but a. truste,
for her.
From the right Of management and
control given the husband over the wife :,
aud the common property. it follow,
that oil contracts properly incident te
that management and control must b,
made either BY himself alone or by hin
and her jointly. The wife has no power
1t ell to contract except where power i
conferred. The statute gives her, i,
ordinary casss. no power 1t eli excsp