Rustad v. Rustad

— This is a case in which the facts are not in dispute, and only a question of law is presented. That question is: Where husband and wife are living separate and apart because the wife is insane and confined in a mental institution in another state, is property acquired by the husband, other than by gift, devise, or bequest, community or separate property? The trial court held that it was the former.

The action is one to quiet title to certain parcels of land, situated in the state of Washington, which were deeded to the appellants by Marcus Rustad, who had come to live in Washington after his…