Holt v. Empey
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action for money due on contract. Complaint filed by intervenor to quiet title to real estate attached. Judgment for plaintiff. Intervenor appeals. The land mentioned in the' judgment was community property and cannot be sold for the separate debt of F. E. Empey under the laws of Idaho.
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APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. Action for money due on contract. Complaint filed by intervenor to quiet title to real estate attached. Judgment for plaintiff. Intervenor appeals. The land mentioned in the' judgment was community property and cannot be sold for the separate debt of F. E. Empey under the laws of Idaho. (Yesler v. Hochstettler, 4 Wash. 349, 30 Pae. 398; Doyle v. Langdon, 80 Wash. 175, 141 Pac. 352; In re Buchanan’s Estate, 89 Wash. 172, 154 Pac. 129; McKay on Community Property, p. 262; Ballinger on…
1Opinion of the Court
FLYNN, District Judge.
Respondent caused land in Idaho to be attached as the property of F. E. Empey to satisfy a debt incurred by Empey as surety for one Rice. Empey’s wife, appellant herein, intervened, alleging the property attached to be community property and therefore not subject to attachment for the separate debt of her husband. The trial court found that $5,000 in value of the property attached was the separate property of defendant F. E. Empey, and was subject to the attachment, and ordered sufficient thereof sold to satisfy the judgment against Empey. No personal judgment was…
2Cases cited6 opinions
- Labonte v. DavidsonIdaho Supreme Court · 1918
- La Selle v. WooleryWashington Supreme Court · 1896
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- Warren v. FergusonCalifornia Supreme Court · 1895
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