Lane

Plaintiff Martha J. Lane brought this action against the defendants Walter H. McAlpine and Minnie M. McAlpine, his wife, to recover rental of a certain house used as a residence by said defendants in the city of Marysville.

The action was tried by the court without a jury and resulted in a judgment in favor of the plaintiff for $1,077 against both defendants. The judgment also provided that the separate property of the wife Minnie M. McAlpine was liable in satisfaction of said judgment. From this judgment Mrs. Minnie M. McAlpine alone appeals.

The court found that the plaintiff rented the house in question “to each and both of said defendants, at their special instance and request, . . . and each of them agreed to and with plaintiff to pay plaintiff the sum of $75.00 per month for the rental of said house ...”

The court also found that the agreement to pay said rental was the personal contract of said appellant Minnie M. McAlpine as well as the personal contract of said defendant Walter H. McAlpine. The court further found that the money attached by plaintiff was money acquired by appellant Minnie M. McAlpine after her marriage “by devise or succession from the estate of her…