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· 12/29/1903

De Voe v. Rundle

Citations

  • 33 Wash. 604

Syllabus

<p>Infancy—Investment in Outlawed Mortgage—Disaffirmance— Statute of Limitations—Effect of Minority—Rights of Subsequent Lienors. A minor who was induced by misrepresentations of tbe mortgagor to purchase the mortgaged premises, and, in order to acquire title, to invest in an outlawed mortgage, can not afterwards claim that the mortgage was revived as against subsequent lien holders whose rights had attached, or secure any priority over them on account of his minority.</p> <p>Statute of Limitations—Mortgages—Revival of Lien—Subsequent Jubgment—Priority—Arrest of Statute. Where the statute of limitations has run against a mortgage, it can not be revived by any act of the mortgagor, as against a subsequent judgment lien, and upon foreclosure contested by the judgment creditor, he should be awarded priority.</p>

Judges: Hadley

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