Christopher v. Ferris

Citations

• 55 Wash. 534
• 104 P. 818
• 1909 Wash. LEXIS 795

Syllabus

<p>Liens — Advancements—Misappropriation of Funds. Small advancements of money to defendant to be invested in real estate for plaintiff, do not impress a lien on specific real estate previously purchased by the defendants, by reason of plaintiff’s use of the money to pay portions of a note secured by mortgage on the property, when the time elapsed and the small amounts preclude the idea that they were furnished to invest in any particular tract.</p> <p>Husband and Wife — Separate Property of Wife — Mortgage by Husband. Where land was deeded by the husband to the wife, either before or after marriage, it is her separate property, and not subject to mortgage by the husband alone.</p> <p>Vendor and Purchaser — Mortgaged Property — Bona Fide Purchaser-Priorities. Purchasers of the separate property of the wife, with knowledge of a void mortgage thereon executed by the husband alone, are not liable for the mortgage, when there was no intent to pay the same; and the fact that they retained $200 of the purchase money to contest the mortgage, is not a recognition of the mortgage, but rather the contrary.</p>