107 Wash. 523 | Wash. | 1919
Respondent, as administratrix of the estate of Ingeborg Tumquist, deceased, instituted this action for the purpose of establishing that her decedent, in her lifetime, acquired title to an undivided half interest in a certain ten-acre tract of land in King-county; that she was a tenant in common with appellant, the owner of the other undivided half interest, up to the time of her death, and prayed that the lands be partitioned. From a judgment establishing such title and tenancy and directing that partition be made, appellant brings the case here on appeal.
It appears that Ingeborg Turnquist, prior to the year 1901, lived in Tacoma in a small two or three room house owned by her, but standing on leased ground, and supported herself by going out by the day in the performance of domestic services. "While so situated she met appellant, who was a sailor by occupation, employed on boats plying between Puget Sound points and San Francisco. About the year 1901, these persons began living together, and held themselves out as husband and wife, though in fact they were never married. "With the exception of a
As the deed now appears, after the name ‘
Mrs. Lybeck further testified that appellant and his supposed wife took the deed with them to the part of the house which they occupied, and that later it was returned by one of them to Mr. Lybeck for the purpose of having it recorded, and that he did record it. And she further testifies that the interlined name was not in the deed when it was returned from the auditor’s office, though in this she was manifestly in error, as the auditor’s record shows the grantees to be “Charley E. Peterson and Ingeborg Peterson, his wife.” The brother also testified that he saw the deed after its execution and delivery, though he was unable to fix the date definitely, and that the interlined name was not in the deed when he examined it. Appellant, a
Notwithstanding the absence of appellant’s testimony as to the condition of the deed when executed, we think there is enough in the record to finally determine this case. It is true that we have held that an alteration in a written instrument, in the absence of any explanation, may be presumed to have been made before the execution and delivery. Wolferman v. Bell, 6 Wash. 84, 32 Pac. 1017, 36 Am. St. 126; Baylis v. Kerrick, 64 Wash. 410, 116 Pac. 1082. But such presumption is, of course, rebuttable and must fall as soon as competent evidence to the contrary is produced. Here we have the direct and positive testi
Evidence was introduced to show that appellant, at about the time the deed was executed, built a house
“The doctrine of estoppel should not be held to create title to land unless strong equitable reasons exist in support of it.” Murray v. Briggs, 29 Wash. 245, 69 Pac. 765.
“The estoppel, if any, operates only in favor of those who have been misled to their injury, and they alone can set it up.” Smith v. King County, 80 Wash. 273, 141 Pac. 695.
After a careful consideration of all of the testimony in the case, we find nothing which -will remove the title to the property involved from the operation of the rule laid down in Stans v. Baitey, 9 Wash. 115, 37 Pac. 316, and In re Sloan’s Estate, 50 Wash. 86, 96 Pac. 684, 17 L. R. A. (N. S.) 960, to the effect that property acquired by a man and woman not married, but living together as husband and wife, is not community property, and, in the absence of some trust relation, the land must be regarded as belonging to the one in whose name the legal title stands.
For the reasons given, the judgment of the trial court is reversed, and the cause remanded with directions to dismiss the action.
Mitchell, Main, and Mackintosh, JJ., concur.
Holcomb, O. J., took no part.