Brace v. Superior Land Co.

Citations

• 65 Wash. 681
• 118 P. 910
• 1911 Wash. LEXIS 996

Syllabus

<p>Records — Mortgages — Registration oe Land Titles — Torrens Act — Priorities. The first mortgage registered takes priority over other instruments, although previously executed, under § 44 of the Torrens act (Rem. & Bal. Code, § 8852), providing that the owner of registered land may dispose of the same as if not registered by the usual forms of deeds and instruments, but that no instrument shall take effect or bind the land, operating only as a contract between the parties until it is registered, the act of registration being expressly made the operative act to convey or affect the land.</p> <p>Records — Registration Under Torrens Act — Bona Fide Purchasers. One cannot be a tona fide purchaser of land registered under the Torrens act until his conveyance is registered, although by Rem. & Bal. Code, §§ 8838, 8857, it appears that the act was for the protection of tona fide purchasers of registered land.</p> <p>Mortgages — Antecedent Debt — Bona Fide Purchaser. Upon a conveyance of real estate to secure an antecedent debt, the grantee is not a tona fide purchaser.</p> <p>Records — Mortgages'—Priorities — Registration Under Torrens Act — Estoppel—Laches. A person who holds a prior mortgage of land registered under the Torrens act, and who failed to have his instrument registered because unwilling to pay the taxes necessary to obtain registration, is estopped by laches from asserting a priority over one who paid the taxes to secure registration of a new mortgage, given to revive the lien of an earlier mortgage omitted from the memorial in the registration decree by mutual mistake of the parties.</p> <p>Mortgages — Priorities—Registration Under Torrens Act — Mistake — Revival of Lien. Where the lien of a purchase money mortgage was lost through a mistake in registering the land under the Torrens act, a new mortgage given to revive the lien is not, in the ordinary sense, given for an antecedent debt, and may be treated in equity as reinstating the lien of the original m