Hadley v. Clark

Citations

• 8 Idaho 497
• 69 P. 319
• 1902 Ida. LEXIS 38

Syllabus

<p>Purchaser Assuming Payment oe Mortgage. — When one purchases land, and it is recited in the deed that the land conveyed is subject to a mortgage, the land is as effectually charged with the encumbrance of the mortgage debt as if the purchaser expressly assumed the payment of the debt, or had himself executed the mortgage.</p> <p>Estoppel. — Where the amount of an existing mortgage is deducted from the purchase price of the encumbered property, and the purchaser assumes to pay it, in such a case he is estopped to deny the validity of the mortgage for any reason.</p> <p>Joint Execution by Husband and Wipe. — In a mortgage where the husband’s name does not appear in the body of the instrumem only as a signer thereof, and its execution is duly acknowledged by him, it is as valid as though his name appeared in the same wherever his wife’s name appears therein.</p> <p>(Syllabus by the court.)</p>