Stolze v. Stolze
Stolze v. Stolze
Opinion of the Court
— At the time of his marriage to the plaintiff, the defendant C. R. Stolze was the owner of certain real estate. Some years after his marriage, he entered into three separate contracts for the sale of such real estate to three separate parties. A part of
“It is further decreed, that in the event that the supreme court of the state of Washington should decide (in the case above mentioned) that there is property belonging to the community composed of plaintiff and defendant, the said question now being on appeal to the said supreme court and now pending therein, that the defendant shall have the right to apply to the court (in the divorce action) for a further and equitable share thereof, and attorneys’ fees, jurisdiction for such purposes being hereby expressly reserved.”
After the trial of this case, the court made findings of fact to the effect that the defendant C. R. Stolze was the owner in his separate right of all the real estate involved, and that the plaintiff, Mrs. Stolze, had no interest therein, and that the assignment of the several contracts for the sale of such property to the defendant Florence Burns was a valid and lawful assignment, and vested the title to such contracts in Florence Burns, free and clear of any rights of Mrs. Stolze thereto. The court further recites the facts concerning the divorce suit and the vacating and setting aside by this court of the judgment previously rendered in this action, and made a judgment to the effect that C. R. Stolze, at all times, was the owner of the tracts of land in his- separate right, and that Florence Burns was the owner of the contracts for the sale of the lands, and that the plaintiff has no interest either in the lands or
The questions involved here are complicated chiefly because of the many suits between the parties to this action, and we do not see any good to be accomplished by going into further details concerning the facts. Suffice it to say that a reading of the record convinces us that the judgment of the lower court was sustained by the evidence and should be affirmed. It is so ordered.
Parker, C. J., Fullerton, Mitchell, and Tolman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.