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Freeburger v. Gazzam

W. A. Freeburger and Fannie Q. Freeburger v. W. L. Gazzam

Freeburger v. Gazzam, 32 P. 732 (Wash. 1893)
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Court
Washington Supreme Court · State Highest Courts
Decided
February 18, 1893
Docket
No. 724
Judges
Anders, Dunbar, Hoyt, Scott, Stiles
Citations
32 P. 7325 Wash. 7721893 Wash. LEXIS 62
Syllabus
LETT OE EXECUTION —CLAIM OF TITLE BY MARRIED WOMAN — PLEADING. Where the separate property of the wife has been seized upon an execution against her husband, and she sets up claim of title by affidavit, under §491, Code Proc., it is not necessary for her to plead the evidence of her ownership.
Summary
Appeal from Superior Court, Mason County.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Stiles

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The opinion of the court was delivered by Stiles, J.

This was a case similar to Freeburger v. Caldwell, ante, p. 769, except that the proceeding was initiated by affidavit under Code Proc., chap. 4, title 8. The first affidavit was sufficient to try the case upon. It stated that the property belonged to the claimants, and was verified by one of them. Sec. 491 does not require the evidence of ownership to be pleaded, as was attempted in the subsequent amended affidavits, and all that was attempted was surplusage. Everything that was necessary to sustain the allegation of ownership could be shown under either of the affidavits; and if it was true that Mrs. Freeburger had. funds accumulated in the State of Kansas which were there subject to her own disposition, and were not liable for her husband’s debts, and she brought them to this state and invested them in these goods, the goods are not community property or subject to the husband’s debts here. Whatever the property may have been called in Kansas, it was in effect her separate property, and the laws of this state *773 do not undertake to change the status or liability of such property merely by its coming across our border. Having alleged in the amended affidavit that Mrs. Freeburger was a married woman, the only proper additional matter was that the interest which she had was her separate property. Thomas v. Desmond, 63 Cal. 426 .

The value of the property was laid at §218, which gives this court jurisdiction.

The judgment must be reversed, and a trial had. So ordered.

Dunbar, C. J., and Hoyt, Anders and Scott, JJ., concur

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1896: 11907: 11909: 11921: 118962026peak 1896 · 1

Relies on it most ⓘ

  1. Snyder v. Stringer198 P. 733 (Wash. 1921)
  2. Brookman v. Durkee90 P. 914 (Wash. 1907)
  3. First National Bank v. Hagan47 P. 223 (Wash. 1896)
  4. In re Estate of Foster4 Coffey 33 (Cal. Supp. Ct. (San Francisco) 1909)

Most recent

  1. Snyder v. Stringer198 P. 733 (Wash. 1921)
  2. In re Estate of Foster4 Coffey 33 (Cal. Supp. Ct. (San Francisco) 1909)
  3. Brookman v. Durkee90 P. 914 (Wash. 1907)
  4. First National Bank v. Hagan47 P. 223 (Wash. 1896)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Thomas v. Desmond, 63 Cal. 426 (1883) 5

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