title:
Sarah A Webster, Appellant, vs David H Webster, Appellee, Brief and argument of Appellant.
title:
156
creator:
Sarah A. Webster
contributor:
Richard Osborn
contributor:
W. H. Thompson
contributor:
E. P. Edsen
contributor:
John E. Humphries
date:
1890-11
publisher:
Washington State Supreme Court
type:
Civil
subject:
Family
language:
eng
format:
application/pdf
description:
Prior History: Appeal from Superior Court, King County.Suit for divorce by David H. Webster against Sarah A. Webster. Defendant answered and also filed a cross-complaint upon which a decree of divorce was rendered. The court made, among others, the following finding of facts:"IV. That the following property, to wit: All of lot two and a strip three feet wide off of the north side of lot three in block seven, in Boren and Denny's addition to Seattle, is part and parcel of two lots originally purchased on or about the 24th day of July, 1869, at a time when the plaintiff and defendant were living together endeavoring to make a home, and providing for the future; that neither, at that time, had any money excepting that which was earned by the plaintiff in his daily vocation, excepting a small amount that the defendant, Sarah A. Webster, received from her half-brother; that whatever sums said defendant received from her brother, or otherwise acquired, were used and expended for the benefit of both in the household affairs; that the purchase money for said two lots was made by the plaintiff, and money of his own earning; that whatever improvements have been erected upon said lots, with the exception of the building known as the Webster building, were erected from money earned by plaintiff; that the Webster block has been erected from moneys received from a mortgage upon said realty; that at the time of making the final payment on said lots the deed was taken in the name of the defendant, Sarah A. Webster, but that the property was not deeded to her nor intended, nor was it understood at the time nor since, as a gift; that the property just referred to is of the value of $ 25,000, which enhanced value is by reason of the increase in value of real estate, and not from any particular act of either one of these parties, excepting as far as the building erected thereon adds to that value, the money for the erection of which was received from a mortgage thereon; that since their marriage they have also acquired and are now the owners of lots five and six in block four, in Robinson's addition to the city of Seattle."Upon which finding of fact the court made the following conclusion of law, to wit:"That said real property should be divided equally, share and share alike, subject to the debts, which should be paid in the same way."The defendant and cross-complainant, Sarah A. Webster, excepted to the findings of fact, and conclusions of law, and from the judgment thereon appeals to this court.Divorce – Division of Property – In granting a divorce the court has power, under the statute of this state (Code 1881, § 2007), to make such division of the joint and separate property of husband or wife as shall, in its discretion, appear just and equitable.
relation:
Webster v. Webster, 2 Wash. 417 (1891)
relation:
26 P. 864
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
