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Curry v. Wilson

Citations

  • 45 Wash. 19
  • 87 P. 1065
  • 1906 Wash. LEXIS 914

Syllabus

<p>Limitation of Actions — Relief fob Insane Person. An action by a guardian ad litem for relief from a void judgment against an insane ward is not barred, under Bal. Code, § 5156, until “within one year from the removal of the disability,” and hence not while the ward is hopelessly insane.</p> <p>Insanity — Homestead of Insane Wife — Mortgage — Validity. Prior to the act of 1895 (Bal. Code, § 5239), there was no statutory authority for the mortgage of the homestead of an insane husband or wife, and a mortgage by a husband, for himself and as guardian for his insane wife, under authority of the probate court, was void, 2 Hill’s Code, § 483, providing that no mortgage of the homestead shall be valid unless joined in by the wife.</p>

Judges: Hadley

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