16 Wash. 528 | Wash. | 1897
The opinion of the court was delivered by
This is an appeal from a judgment
It is further contended by three of the appellants, who signed the bond as sureties and were married women at the time, that the court erred in entering up a personal judgment against them for which their separate estate would be liable, for the reason that, in order for them to incur a charge against their separate estate the intention to do so must be declared in the contract, or the consideration obtained for the benefit of the estate itself, neither of which appeared in this instance. It is contended that their joining in the contract did no more than to subject the community real estate to liability for a judgment obtained upon the bond. But we do not think this position is well taken. While a married woman has not the unlimited right to contract with reference to the community property, or bind the same, she has the right with reference to her separate estate, (§ 1410 Gen. Stat.), and the effect of this contract was to subject the en
Affirmed.
Anders, Reavis, Dunbar and Gordon, JJ., concur.