13 Brotton v Langert Appellants

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13 Brotton v Langert Appellants

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title: Ina Brotton, Appellant vs Chas Langert and J H Wilt, Apellees, Brief Ina Brotton Appellant

title: 13

creator: Ina Brotton

contributor: E. W. Taylor

date: 1889-12-11

publisher: Washington State Supreme Court

type: Civil

subject: Torts

subject: Real Property

language: eng

format: application/pdf

description: Prior History: Appeal from District Court, Pierce County.The appellee, Charles Langert, obtained a judgment against appellant's husband, M. Brotton, for $ 1,000, because the latter, as constable, had sold on execution personal property in which the appellee had a special property, as mortgagee. Appellant sought to prevent a judgment lien being extended over community real estate, and to obtain a writ of injunction to prevent appellee from selling the community property of appellant, under and by virtue of the judgment obtained by Charles Langert against appellant's husband. Appellee Langert demurred to the petition, and also moved the court to dismiss the action. The court sustained the demurrer and dismissed the action, and plaintiff appealed.Community Property – Not Liable for Personal Judgment Against Husband – Under the laws of this state (Code Wash. T., ch. 183), community real estate is exempt from execution on a judgment rendered against the husband, who, as constable, wrongfully sold mortgaged personal property, under execution.

relation: Brotton v. Langert, 1 Wash. 73 (1890)

relation: 23 P. 688

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

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