Eckert v. Schmitt
Washington Supreme Court
Appeal from a judgment of the superior court for Douglas county, Grimshaw, J., entered July 10, 1909, dismissing on the pleadings an action for equitable relief.
1ConcurrenceChadwick, J.
(concurring) — The decision of the majority is correct, but a part of the argument is wrong and I fear may be confusing to the bar. The reference to the case of Ahern v. Ahern, 31 Wash. 334, 71 Pac. 1023, 96 Am. St. 912, and the attempt to distinguish its facts from the later ■cases decided by this court and the case of McCune v. Essig, *30199 U. S. 382, proceeds upon a misconception of the law. It is true that it was held in the Ahern case that, if the spouses had lived more than six years upon a government homestead and the wife died, the property became community property under the rule that a…
2Cases cited7 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Bernier v. BernierSupreme Court of the United States · 1893
- McCune v. EssigSupreme Court of the United States · 1905
- Ahern v. AhernWashington Supreme Court · 1903
- Delacey v. Commercial Trust Co.Washington Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.