The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-12-27
THE JUDGMENT GOOD.
Community Personality Liable
for a Husbands Debt.
NOT so WITH THE REAL ESTATE.
Judge Hanford Interprets . Very I'm
portant Point OF Law in Levy W.
Brown ct al.-Bfotter.

Judge Hanford, Of the United States
court, yesterday rendered decision of
considerable importance in the law of
community property in the case Of Eva
Levy vs.. Thomas p. Brown ct al. The
full tex, of his opinion is as follows:
Eva Levy VS. Thomas r Brown, United States
marshal. and Ralph s. Hopkins.
Atlsw. Statutory proceeding BY Eva Levy
against the marshal and execution creditor to
establish her claim as owner OF personal prop
erty levied upon to satisfy Judgment against
her husband jury waived: trial by the court:
findings ana judgment for defendants.
]. B. Mecalfe. for plaintiff II. Gillian, for
defendants.
HAsrorp. district judEa
The code o. this state contains q chapter re-
lsiing to claims of third parties to property
levied cpon under IN execution. authorizing d
party other than the judgment debtor, who
claims TO be the owner. entitled TO have pos
session 81 the property taken in execution, to
Yetske the same from the officer upon giving an
afi 'sTt alleging his title or right and a bond
conditioned tina. he will appear in the court
from which the execution issued and make
good bis title, return the property. or pay its
value to the officer e Hills Code, 8 iol ct seq
cnder said CHAPTER after property has been
claimed the affidavit ~ deemed TO be de-
MED, and the question of title to the
property Is treated as an issue TO
be tried and determined in the court
from which the execution issued. The plaintiff
has, by an affidavit and bond. ATTEMPTED to de-
feat levy by the marshal upon certain prop
erty under an execution issued out Of this court
upon Judgment in favor of Ralph s. Hopkins,
against her husband, H Emanuel Levy, in an
action by said Hopkins against said Levy, to re-
cover damages for q tort The proper ty levied
upon consists of certain houses built by Lew
r+rr hwI 81
period. and rent money collected by the mar
shall from persons Occupying said houses az
tenants OF said Levy. Other money on deposit
in a bank To the credit OF Levy aud made sub
feet 10 the execution by notice OF garnishment
thereof is also claimed by the plaintiff. which
money, find from the evidence, was collected
for rent OF real property. to which
plaintiff appears by the record to have the
legal title. From the testimony find the houses
levied upon and moneys collected by the mar
shsi to be the community property of tho
plaintiff and said II. Emanuel Levy The real
estate referred tn was acquired By purchase
while the plaintiff and her husband were living
together as husband and wife in this state with
money which they together borrowed for the
purpose and, in my opinion, it is their commu-
nifty property, although the evidence shows
that the husband intended to bestow his in
ferest therein as gift upon his wife. The rent
thereof 10 community personal property
For the purpose Of this decision ass ume that
the debt for the collection OF which the execu-
ton Issued Is not community debt, and there
lore Under the decisions of the supreme court
o. this state community real estate OF the par.
ties could not be subjected to this execution.
Bat the decisions referred to interpret and give
effect to the section of the code which denies
to a husband alone power to sell or cucumber
community real estate. Community personal
property is not affected by said section of the
Rnfta end DO fEA-
given absolute power of disposition thereof.
The decisions OF the supreme court, AS / under
stand the same, carefully observe distinction
between community personal property and COM
munity real estate property corresponding to
the distinction which the statute has made in
the provisions thereof affecting the husbands
power of disposition.
Ii is my conclusion, therefore, that the plain
til has failed to establish her claim of title and
judgment must be rendered for the defendants.