Coolidge v. Schering

Citations

• 32 Wash. 557
• 73 P. 682
• 1903 Wash. LEXIS 456

Syllabus

<p>FORECLOSURE OF. MORTGAGE-QUESTION OF PARAMOUNT TITLE.</p> <p>Tbe question of paramount title may be determined in a suit to foreclose a mortgage, if the parties voluntarily submit such question for determination.</p> <p>VENDOR AND PURCHASER-UNAUTHORIZED CONVEYANCE BY CORPORATE • OFFICER-RATIFICATION-TITLE ACQUIRED-LIEN OF PRIOR UNRECORDED MORTGAGE.</p> <p>A mortgagee of land belonging to a corporation who fails to have his mortgage recorded, has no lien as against a subsequent grantee under a conveyance unauthorized by the corporation, who takes without notice of the prior mortgage, if the circumstances are such as to estop the corporation from denying the authorization.</p> <p>CORPORATIONS-CONVEYANCE BY OFFICER-AUTHORITY-ESTOPPEL.</p> <p>Where an officer of a corporation in sole charge of its business falsely represents that he has been authorized to make a sale of certain of its real estate, and fraudulently connives with a fictitious officer to make a conveyance thereof, and the corporation makes no move to disaffirm the conveyance for two years after discovery of the fraud, it is estopped to deny the authority of such officer.</p>