The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-11-18
STATE SUPREME COURT.
Important Community Property Deci-
sion-The Kemp Gaze Ended.

OLYaPIA, Nov. 17.-lSpecisl. THE supreme
court made a very important community prop
erty decision today in the case of Sadler vs..
Neisz, from kitsap county. Sylvanus NJ. Sad
Ter settled in 1878 in Kitsap county, and until
1859 was supposed to be widower. During
that time he acquired certain real estate which
he III time sold, aud which is now possessed by
T. l. Nesz. In 1889, after the property had been
acquired by Neisz, Mary Z. Sadler, the wife of
Syivanus, came from Pennsylvania and as
serted a claim to the property. Suit was
brought by Sadter aud his wife TO have the con-
veyances by Sadler set aside. The supreme
court holds that the deeds were not void but
voidablc; that Mrs. Sadler's interest was an
equitable and not legal one, and that she is
estopped by her failure to make known
her existence earlier While the court
is unanimous in affirming the judg-
ment majority is unable to
agree on the reasons for the decision. Judges
Stiles and Anders join in the principle opinion,
aud Judge Scot. flies one concurring in the re-
suit. Judge Scott expresses a doubt whether the
statute relating TO the disposal OF community
lanis by the husband should be held to apply
where the wife did not become a resident of
this state prior to the conveyance.
The judgment in the case of the Exchange
National Bank vs. Washington Savings Bank,
from Spokane county, was modified. This is a
foreclosure, in which the court holds that
proceeds of the sale.
The court dismissed the appeal of the State Vs.
John A. Kemp, late president of the West Coast
Fire and Marine Insurance Company of Tacoma
The defendant was released by the superior
court on the ground that under the rcquisition
proceedings in his case, the court had no juris-
distion of his person. The supreme court holds
that an appeal cannot be taken from such an
order made by superior cout, as the statute rel.
ative to appeals makes no provision for il.
The appeal in the case of tho Tacoma Rail1ba
and Motor Company VS.. Cummings, wassalso
dismissed. This appeal was from an order set
ting aside an award by arbitrators, aud the
court decides that such an order is not final
one and therefore cannot be appealed from.
TIE court denied the petition for q rehearing
i'll the noted school book bribery case OF the
State VS.. J. W. Womack. X. !. Edwards, NJ. c.
Sullivan and c. o. Eames, ana the case will now
be sent to the Thurston county superior court
for trial. the appeal having been from a judg-
ment sustaining demurrer to the indictment.
Petitions for rehearing were also denied in the
following cases: Herman Chaplin VS.. J. ii. Nc
Graw; Oregon improvement Company VS. Sag
meister; Scurry vs.. Jones, and Clark, Harris &
Co. VS.. Douthitt, all from King county; United
States Carriage Company VS.. Miller, from Pierce
county; Bellingham Bay National Bank vs.
Central Hotel Company, from Whatcom county !;
Rice & Co. VS.. Yakima Il Pacific Coas, Railway
Company. from Lewis county; Metcalf VS. Bush,
from Cheha.is county: Benham 6s Griffith VS..
Ham d. Son, from Spokane county, Bell vs.
Wandby. from Whitman county; Hildebrandt
VS.. Savage, from Thurston county; Schloss,
Ochs 4; Co. VS.. State Bank, from Jefferson
county.
The motion to dismiss the case of Gilbert re-
lator, VS.. Moore. from Spokane county, was
denied.