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Conflict of Laws Keyed to Hay, 16th Ed.
Fall v. Eastin
Citation:
215 U.S. 1 (1909)Facts
Mrs. Fall and E.W. Fall married in Indiana in 1876 and subsequently moved to Nebraska, where they jointly acquired land through their combined efforts and earnings. In 1889, they relocated to Washington State and lived as husband and wife until separating in January 1895. In February 1895, while both were residents of King County, Washington, E.W. Fall sued for divorce, claiming the Nebraska land as his separate property purchased with money from his parents. Mrs. Fall appeared and counterclaimed, asserting the property was community property acquired through their joint labor. The Washington court granted her a divorce and awarded her the Nebraska land as her separate property, ordering E.W. Fall to convey his interest within five days. When he failed to comply, a court-appointed commissioner executed a deed to Mrs. Fall. E.W. Fall then conveyed the land to Elizabeth Eastin, allegedly without consideration and to defraud Mrs. Fall. Mrs. Fall brought suit in Nebraska to quiet title based on the Washington decree and commissioner’s deed.
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