title:
J S Stewart and T S Conmey, Executor of the Estate of Augusta A Stewart Deceased Appellants vs J Theo Lohr Appellee
title:
78
creator:
J. S. Stewart
creator:
T. S. Conmey
contributor:
McBride
contributor:
Preston
contributor:
Carr
contributor:
Preston
contributor:
W. S. Bush
date:
1890-10
publisher:
Washington State Supreme Court
type:
Civil
subject:
Estates
subject:
Real Property
language:
eng
format:
application/pdf
description:
Prior History: Appeal from Superior Court, Skagit County.The appellant, J. S. Stewart, made his homestead filing upon the southeast quarter of section 26, township 35 north, range 5 east, under the homestead laws of the United States, on the 5th day of January, 1880. He was unmarried, and lived on the land, improved it by clearing five to eight acres of land, set out a small orchard, built a board dwelling house 16x20 feet, and a barn, the value of the improvements on the 19th day of February, 1883, being eight hundred dollars. He married the decedent on the last named day. Thereafter they lived on the farm, and he continued to improve the same. Final proof was made February 7, 1885, and patent issued to J. S. Stewart, October 14, 1887. Augusta A. Stewart died on the 8th day of April, 1888. Thos. S. Conmey was executor under the will, and presented his inventory on the 2d of June, 1888. He included in the real estate inventory the following: "One homestead ranch, described as follows, to wit: The southeast quarter of section 26, township 35 north, of range 5 east, consisting of 160 acres, more or less, valued at $ 1,000." The appraisers appraised this land at $ 500, apparently as community land. April 26, 1889, John S. Stewart filed his motion to strike from the inventory the above described tract of land on the ground that it was his separate property. On the 27th day of May, 1889, the motion was granted, and the said real estate ordered stricken from the inventory of the estate of the deceased. Appeal from this decision was taken on June 19, 1889, by J. Theo. Lohr, claiming to be the son and heir of the deceased, and a person interested in the estate of the deceased, to the district court for Skagit county, and was heard and determined by its successor, the superior court of that county, on the 21st day of May, 1890. The superior court found and held that the land was community property, but that the improvements up to the date of the marriage were the separate property of J. S. Stewart, and decreed him a lien on the half of the land assigned to the heirs for the sum of $ 400. From this decree an appeal has been taken to the supreme court.
description:
Probate Court – Jurisdiction – Appeal – Reversal of Void Judgment – The probate court has no jurisdiction to try the title to real estate as between the representatives of an estate and the husband of the decedent, where the latter claims an interest adverse thereto. Where a probate court had no jurisdiction of the subject matter of an action, the higher courts could get no jurisdiction on appeal.Where the judgment of a lower court, which was absolutely void for want of jurisdiction over the subject matter of the action, has been removed to the supreme court, the supreme court, on a motion to dismiss the appeal, will, for the purpose of clearing the record, order the judgment of lower court reversed.
relation:
Stewart v. Lohr, 1 Wash. 341 (1890)
relation:
25 P. 457
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf
