Chapman v. Edwards

Citations

• 113 Wash. 224
• 193 P. 712
• 1920 Wash. LEXIS 837

Syllabus

<p>Cancellation of Instruments (23%) — Fraud (22) — Evidence—■ Sufficiency. In an action to cancel- a mortgage for fraud, findings that the mortgage was executed without consideration and upon false representations, are sustained hy evidence to the effect that the mortgagee, who had caused the arrest of a man in Canada on the charge of appropriating $5,000 of his money, represented to the mortgagors, who were relatives, that he had nothing to do with the arrest, that it was necessary to send $5,500 to Canada to secure their relative’s discharge, in default of which he would be sent to the penitentiary, and that the mortgage was executed in reliance thereon, believing that the mortgagee would send the money to Canada, which was not done, though the release was secured on the mortgagee’s request.</p> <p>Husband and Wife (17, 18)- — Separate Property of Wife — Property Conveyed to Wife. Where community property became the separate property of the wife hy virtue of deeds from her husband, pursuant to Rem. Code, § 8766, the separate nature of her estate was not changed by the fact that her husband thereafter joined with her in her execution of a mortgage thereon.</p> <p>Same (42) — Actions-—-Parties. The husband is not a necessary party to an action by the wife to cancel a void mortgage upon her separate real estate.</p>