The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-07-29

ads, ~ III u bseek y. snd sos n KICK
-. ID cka4rny aenkxse- This F<ywsg al essxH-
ney q slxBea ~ Sarah B. Yesssx ans Hensy
l. Yessex. n = usert thai this r~hwss ~
atsoru<y. - kok. nskes 81 The Fr7fssfI
ihas gssDis eyssxsee q n. l. Yssasr ssIl
~. - ree<sve1 20 sssnsrsfssf The s@ESszse
tesfsss><i IN tfse tfssranseaf- there az
sssxe very eexssHx yesssssss stated - ssssf.sss
At stt. fh<srr. f. = sDsxess t~svssH M
T<~sss and efs1sksy On xsssfafssSs -
Mrs Ness<T fcs sski& g. tfsis sssFs<fsy xErz .
right he'd Seen ss4usrsss y S-Sfsoa resi-
tax csx,ss Tie truth - Tie xsssssssstt rzsfs
sasxes3 III This fzswsr al atrsyrneT. Azxs ~
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etssx2assss clsss ste nssafh ct n. T. ssass
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OF assers sssysaEng esstrsry - Re seessAss
rzyszsAsness In ffls ifss1refsezsa This EnssF
a. ss,syssey wxz revoked esS JAY " -
/ II the execution Of thla saNef sEAzzNa
esssEnaanssy ssfysersy 10 sses'sssts pfoisffE.
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/ raid @xQesxe 40 rsgh- ansA ssser ssa
se~th ~ ~AfAs 81 f~sssF.
II fIse assss esas&lssezi language Eiti.aas
esssasa ~ aEy rsMsssusssse CONSTRUCTION =,
I naeets "a inc 1ssts es ssTStsfs fsatssns al
ssssysxgsv eks ssxsel - ssfe wife - &c sAcn
sd wticf tzas fsSxtsassa. ~ BIS arts. hsss,
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~ sssKssa hese pTssssatas1- Ies nfss
ard EsxfAszsssass fsss r. - feif ffiAsfsf ~
[ AL eases 81 fsass ksas uns5sT tbs sss OF
1 " sshfug.4sss fefssESgy IL bow. y han. sas Ia
what nsssgxaer wsA the properly - 89seet2s5ss
ae0sfsrrss set boa 6sx IL heen treated.
/ II tbs answer 80 tails question sssgss ssssi
/ pats ssss properly Ia ths category nsfse y
4 tgse legislature sSssg2asieG a. sspsfais
s,resefty. thea IL ss thai Kind Of ygoFefs 2.
/ h lassf ia fhss CATEGORY 4 "a Community
properly Inventories 80 not fasks teIs-
{ ayatss sSfDp.rtE. neither 10 powers 81 al
sor1sey sssir 6aes the doctrine IT essopsse
make !. each y Cal 80. z5i. As - e.
/ sot,ie sss wssA Ter FPS. e.
nna ali she Esop@sTtT aes tssio.ix
ing IL the estate u -arah Is. Sessery
se@erfb1d ia exhibits y, sfsd ~
n, Dc s.ssgasnnnafy prnpeEfy. agld no exi.
sgenes IS saisfs soaJd sasfsig Eue ia snalng
| this 10 t-s separate property. Thls properly
wss acquired IN ths yesF iss5 ard EAs
| under the act snsislni 40 at defining
tire rights Of haztssnf and wife, approved
xfsys.srsssey "a Is1z section | provides
/ THAT eli prof-rts t-ssh real and personal
OF the wilr ostsssi Ds her before ularfiass'
aud that se4sired Afterwards y sHi'
sses.f,sst, devise or descent, shall Dc Der
separate property" The properly OF tue
husband Il regulated IN the same way.
! @s.sstts,ra n pros idts that "a.l proper q
aes4fiirsd after marriage by either husband
or wife, except saeh as may be acc 4irsd by
gitt. bsaaesss devise OF descent, rasn Dc
common property" Acts Of lsla. page 40
| inflsr this at pfoeseds Fctts aaa PROFITS
~ separate property. or even property pus-
chased With the sepsFste funds u property
vf either husband OF wife. wosiid nssse q
new acquisition community tEoperts-
/ the only force or ytgtne I ram SEE
iute1ssisd IN be gwen o. al inventory, wss
| ts protect the property therein described
and TO exempt IL from CON immunity debts or
separate siststs Of The other members of the
community.
rgoFE.TY ACQUIRED AFTER MARRIAGE.
| The press m ption Is that the above men
| toned property Was community property,
ard no evidence had been produced be
] fore me- TO show that II was acquired
! either BIS Gift. tsesl4Fs.sf. devise or descent.
/ The deeds themselves show that II was ae-
/ CURED by purchase after marriage, and.
| therefore, mast 10 considered community
property ia the absence 81 amy evidence "a
! the contrary See authorities already
cited, which arr sustained by the supreme
court OF this territory. 2wasi- Ies. Reps,
/ 4ss.
/ What has been said already can be APP
| piled - the property described IN exhibit
1 sf.h This property vas acquired June 10,
I is5B. This properly / find Ia be community
I property. The set of 1878 wa. still 10 foTec.
/ and nothing appears TO Indicate that this
/ property was sepasaie Counsel for Mrs..
| Hoo hstetier claims that. as this property
! was purchased by Booth Tor Mrs. iesler. II
must have been separate property because
| Booth had power oi attorney % buy and
sell separate property Tor Ms. 1esier.
/ fail TO see the logic IN such reasoning.
| Any real estate agent, without power Of at
torney. could have dune ali that Booth did.
He. acted simply as an sgent; and II hs
had used the separate funes OF Mrs, Iesler
10 make this purchase IL would have made
no difference. ~ would stu have become
community property under the law, as II
WAS ~ that time. The law ia force at the
time properly Is acquired fixes TT status
and casuot be changed 80 rs 10 affect
vested rights. : Eish. Mar. WomcIi, sec.
& ~sSs
The property described ia exhibit "n' !
hnd, Tor the reasons already stated, 80 Lt
community rteperts.
Ihs next acquisition to- be noted Is what
IL known "a the Lac Bufgctt prOI ef:y
several deeds were made OF this property
Z befcso the grantof succeeded ~ getting a
correct description.
IN this property W. find some new ques.
lions not considered heretofore. Ia. law
" issa was changed by the set OF NoVym
Der IS. 1879, making sn addition 10
that isw So that The class OF separate prop
eFty stood thus, All property owned be-
fore marriage uE afterwards aEabiFed by
siiI, beqpesl, devise or descent. with The
rents, issnes and profits thereof Is separate
properly All property nei aequtsed gs
above stated II community property.
fhe Lie baEgeft prop Fty Was acquired
! under this law aud is described.
IN exhibits - @K :" II, /" sM'' and \ .
the last beipg second deed ai correction.
IL IL claimed also that bscausc Ibis property
Was se4uiFtd thfeu ia the agency ii booth
that hi~ power al attorney fixed the eondi-
tioa aud status es thiS property and made
Il separate properly. These deeds an thar
faces Sion that ncoth did uut and couia
got act as the attorney ia fact Tor Mrs
Nsslef ia acquiring this property, Booth
~ attofasy IN fact for lee bBTKerf aud
.uey ~. BaFgefl, his wife. for go,sd aud
valuable consideration paid by Mrs. Yes
Ter. Decided this property so her He signs
their names a. the deed and asds by NJ :
Booth. their attorney In fact This j. All
think necessary 10 say about the effect of
Booths attorney ship.
sns. YEsLEe's MORTGAGE
Bui II Is claimesi tia; the money which
Mrs.. Yeslsf pad ioF this property wss
faised by mortgage given by Mrs Vesler
aH her share 81 tae donation claim which
NAs seiSaaie rrurcfiy. AMI ha4isg ior-
teHed this money upon tAc faith ur credit
~ har separate properly, the proceeds ii
such purchase we're. there lore. SEPARATE
property. This clAlm. | think, deserves
tAraiat consideration. Counsel cites Ia
support OF talx proposition the case ~
schuyler IS BgpughiCa. N PaeIG, Rspur.
'Cf Fis tais case was decided by the sg
psene Coart of the state 81 California
That was s case where married woman
borrowed 900 on Der personal uote OF
her sister and With 500 iaogc. whleh was
Acquired by asf hy giit aud descent, pnr
CHASED pisxc II lSua In
hor ga ~ nsuae aud gave megiEsEe ON tac
lsae 10 secare the payment al her nute fsar
thF ~ { . Fs'sed money The court heid
taAt the t't1 and the lsad purchased with
e was community property and was sub
&eci g. the Community DEBTS created by the
husband. faas j. ghe case tried aud de
eisea and sskSS rather against the psssl-
Non assumed bY counsel than IA tav0T al H.
"a Glf< apinI0a Nc nna the follow iuK
dtcta " Il fosioHs that a married gegnan
may barrow faaGeF 80 EnxeSt Ia real prop
efiy. Hu{ money borrowed IS her for that
purpose dnrtn- nssFysa2V NIL "a rewarded
- community properly. unless Is ko hs1s-
f3wcd b. her pssoe the fA3fh * existing
separate pFssiseEfs helaaxiog ~ her which
AIS mortgage OF pledges as security fer H.
payment EAn esss ~ a married Woman
borrowing Faapey on Der separate property
ay tA0gsEsxe sss tsot bsfoFe the csHrt fag
tfisi, aad ssasli ssieA 5 gsse - Vasssst urea
Is = eeuft hsx5HE : esatf Esrs-cl spiv / -
naFS, d. tsss fee that che coafts al shIS
territory 9o4}a he 3GstiAs4 ia feglswtas
tt.is oietA 0f ths sapsstae eogrf of alter
1ts- Gse fkzetS ~ VFsffgFsy uf AaFf8cs
fssFFtfla "a tat~ s1rs sftFF / is tffsE ara sssss