Ault v. Blackman

Citations

• 8 Wash. 624
• 36 P. 694
• 1894 Wash. LEXIS 119

Syllabus

<p>MORTGAGES —FORECLOSURE—DEFENSES—ESTOPPEL TO DISPUTE VALIDITY OF PRIOR MORTGAGE.</p> <p>In an action to foreclose a mortgage, an answer alleging nondelivery by the mortgagor and want of consideration for the execution of the mortgage states good defenses.</p> <p>The bare recital in a mortgage that it is subject to a prior mortgage will not estop the mortgagee from questioning the consideration or validity of such prior mortgage, when the mortgagor is assailing it on the same grounds.</p>