Summary
This Washington Supreme Court case determines whether a homestead declaration filed by a wife was valid against a creditor's execution sale following a default judgment obtained while her husband resided out of state. The court analyzed statutory requirements for homestead intent and concluded that the declaration was made in good faith, as the couple's subsequent relocation to California did not establish bad faith at the time of filing. The trial court's judgment confirming the respondent's title and possession was affirmed.
Topics
Practice areas
Questions Presented
- Whether the homestead declaration filed by Mrs. Wolter was valid under Washington law.
Holdings
- The homestead declaration was valid because there was no evidence of bad faith; the declaration’s validity is determined by the claimant’s intent at the time of filing, not by subsequent events.
Key quotations
“The controlling question is, whether the homestead declaration by Mrs. Wolter was valid.” (131)
“The fact that, in a comparatively short time after the sale of the property to the respondents, the Wolters moved from this state to the state of California, taken in connection with the circumstances of the sale, would not sustain an inference that the declaration of homestead was made in bad faith.” (131)
Factual background
Antone and Marguerite Wolter owned lot 14 in Everett. While Mr. Wolter was away working in Los Angeles, Edward C. Moe sued him and obtained a default judgment. Mrs. Wolter filed a declaration of homestead on February 5, 1924. The property was sold to the respondent, Becher, on February 27, 1924, who assumed the mortgage and took possession. The Wolters later moved to California.
Procedural history
The trial court entered judgment confirming the respondent's title after a default judgment against the plaintiff. The plaintiff appealed the judgment to the Washington Supreme Court.