Erickson v. Kendall

Citations

• 112 Wash. 26
• 191 P. 842
• 1920 Wash. LEXIS 715

Syllabus

<p>Mortgages (95)-—Assignments — Payment to and Release by Assignor—Failure to Record Assignment. Since the enactment of Rem. Code, § 8781, requiring the recording of assignments of mortgages, a tona fide purchaser of the property who assumed the mortgage is not bound to take notice of an unrecorded assignment of a mortgage which he had assumed and agreed to pay.</p> <p>Same. Where an assignee of a note and mortgage failed to record the assignment and appointed the mortgagee as her agent-to collect the interest and several times authorized the mortgagee to extend the time for payment during a period of nine years, the assignee, as the one of two innocent parties who must suffer, is estopped to assert as against a tona fide purchaser of the property that the mortgagee had no right to collect the principal and agree to satisfy the mortgage of record.</p>