Atlantic Trust Co. v. Behrend

Citations

• 15 Wash. 466
• 46 P. 642
• 1896 Wash. LEXIS 220

Syllabus

<p>MORTGAGES — FORECLOSURE BY ASSIGNEE — SUFFICIENCY OF TITLEESTOPPEL.</p> <p>Where an assignment of a mortgage held by a mortgage company has been executed by one of its vice-presidents, under the seal of the corporation, and it is shown that it had been the custom of this officer for a considerable period of time prior thereto, to assign like securities, the corporation is estopped to afterwards question his authority in that respect.</p> <p>If an assignment of a mortgage is sufficient to estop the mortgagee from disputing it, the mortgagor cannot raise any question as to the validity of the assignment in an action of foreclosure instituted by the assignee.</p>