299 P. 1079 | Idaho | 1931
Appellant sued to quiet title to certain realty as her sole and separate property acquired by gift from her husband during coverture.
Respondents claimed title thereto as purchasers at execution sale on a judgment against appellant's husband, levied on the realty as community property.
The court found as a fact that the tract was community property, and quieted title in respondents.
The essential assignment of error is the insufficiency of the evidence to support the findings and judgment.
Appellant and her husband testified the property was first purchased jointly, then transferred to George Randall, a friend, for a stated consideration of $4,800, in order to have him later deed it to appellant as a gift from her husband, their understanding being that a direct conveyance could not be made. The retransfer from Randall to appellant was for a stated consideration of $3,000, though only $10 was paid by Mr. Prescott. The deed contained no notation that the property was to be appellant's separate estate. (Bear Lake State Bank v.Wilcox,
Only appellant and her husband testified, and in addition to the above they stated in substance that after the conveyance from Randall, they both lived on the place, improved it with joint funds, indiscriminately used the income therefrom, and in general made no distinction between their property, real or personal, as separate or community.
In Wilkerson v. Aven,
The circumstances detailed in the record, and the necessity of explaining the deed from Randall to appellant, justified the trial court's decision. (Oylear v. Oylear,
The judgment is therefore affirmed. Costs to respondents.
Budge, Varian and McNaughton, JJ., and Babcock, D. J., concur.
Petition for rehearing denied. *648