Legal Opinion

Marston v. Rue

Washington Supreme Court

Decided July 10, 1916No. 13409PublishedCited by 59 opinions

Appeal from a judgment of the superior court for King county, Prater, J., entered December 7, 1915, upon findings in favor of the defendants, in an action of replevin, tried to the court.

1Opinion of the CourtBausman, J.

The Marstons, married in Alaska, had accumulated there up to 1912 sundry mining properties, which in that year they divided by deed to the wife of a half interest and her acknowledgment that it constituted the husband’s full settlement of her rights in those claims. Under just what relation the mines had been acquired is not clear. The wife’s acquittance recites the one-half interest as hitherto held “in trust” for her, and the meager testimony points to a business partnership in mining property, acquired as she testified “by joint efforts.”

Be this as it may, the division by its express terms…

2Cases cited5 opinions

  1. Clark v. EltingeWashington Supreme Court · 1902
  2. Sheppard v. Coeur d'Alene Lumber Co.Washington Supreme Court · 1911
  3. Gunderson v. GundersonWashington Supreme Court · 1901
  4. Blum v. SmithWashington Supreme Court · 1911
  5. Stewart v. Bank of EndicottWashington Supreme Court · 1914

3Cited by59 opinions

  1. Poe v. SeabornSupreme Court of the United States · 1930
  2. United States v. James A. Overman, Marie T. Overman, Circle J. Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1970
  3. Schramm v. SteeleWashington Supreme Court · 1917
  4. Occidental Life Insurance v. PowersWashington Supreme Court · 1937
  5. Phillips v. PhillipsSupreme Court of Louisiana · 1926

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