Canadian & American Mortgage & Trust Co. v. Bloomer

Citations

• 14 Wash. 491
• 45 P. 34
• 1896 Wash. LEXIS 394

Syllabus

<p>MORTGAGES — EXECUTION BY HUSBAND AS UNMARRIED MAN — ESTOPPEL.</p> <p>One who executes a mortgage representing himself to be a single man is estopped from denying its validity on the ground of his marriage and the failure of his wife to join therein.</p> <p>The presumption of a continuance of the marriage relation, shown to have once existed, is overcome by proof that for more than thirty years the parties have lived in different states, and have had no communication with or knowledge of one another for more than ten years, while the alleged wife has for many years been living with another man as his wife and going by his name.</p> <p>An innocent mortgagee of land is not subject to the claim of a wife of the mortgagor, who for more than thirty years had lived apart from him in another state, while he represented himself, and was understood in the locality where he resided, to be a single man.</p>