DANIEL HOOVER v. DAVID J. CHAMBERS., 3 Wash. Terr. 26
Summary
The lessor claimed that the lessee knew that the lessor was a married man living with his wife and that the property described in the lease was community property. The wife did not sign the lease. The lessee claimed that a lease was not such an encumbrance on real property that the lease was invalid because community property was involved. The lessor argued that the lease was such an encumbrance and was invalid. In affirming the judgment overruling the lessee's demurrer, the court reasoned that an encumbrance was a right or interest granted to the diminution of the value of the land. Although under English law the lease would not be considered an encumbrance, in the territory of Washington different conditions required that a lease be deemed an encumbrance. Therefore, a contract by a married man without his wife joining as prescribed by Wash. Code § 2410 contravened the statute and could not be enforced.