7 Wash. 2d 355 - Conley v. Moe’s Empirical Analysis

Citation profile

13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Counsel argue, however, that the natural enhancement in the value accruing while the marital relation existed should be treated as community property. . . . Since by the statute [community property act of 1871] the spouse owning separate property is entitled to the rents, issues and profits thereof, so such owner must be entitled to the natural increase in value, as such increase is as much the issue of such property as would be the rents derived therefrom. ... We think the statute meant to declare that a specific article of personal property, or a specific tract of real property, once the separate property of one of the spouses, no matter how it may fluctuate in value, remains so, unless, by the voluntary act of the spouse owning it, its nature is changed. . . . Moreover, the right of the spouses in their separate property is as sacred as is the right in their community property, and when it is once made to appear that property was once of a separate character, it will be presumed that it maintains that character until some direct and positive evidence to the contrary is made to appear.”

   1 later decision quote this exact passage
   e.g. 28 Wash. App. 574 - In Re the Marriage of Johnson

2. “"It is * * * well settled in this jurisdiction that the status of property, whether real or personal, becomes fixed as of the date of its purchase or acquisition, and remains so fixed unless changed by deed, by due process of law, or by the working of some form of estoppel. In Re Deschamps' Estate, 77 Wash. 514 , 137 P. 1009 ; In re Woodburn's Estate, 190 Wash. 141 , 66 P.2d 1138 ; In re Finch's Estate, 198 Wash. 567 , 89 P.2d 218 ; and Binge v. Mumm, Wash., [ 5 Wash.2d 446 ,] 105 P.2d 689 . "The foregoing specific rule enunciated in the cases cited and followed in other cases from this court particularly refers to the legal title to the property, and not directly to such interests or rights as are founded upon equitable considerations. In quite a number of our cases, which announce and follow the rules stated above, the rule is conceded that the legal title may be subject to certain equities, according to the facts and circumstances of the particular case." (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. King v. Uhlmann