Hall v. Caldwell

Citations

• 97 Va. 311
• 33 S.E. 596
• 1899 Va. LEXIS 40

Syllabus

<p>1. Mobtgage—Loan of Money—Talomg Title to Land—Knowledge of Others’ Rights—Purchase by Joint Owner for Redemption.—A son, having advanced for his father a sum of money to enable him to purchase a tract of land which had been sold under a deed of trust to secure a debt for which the father was primarily liable, and having taken a deed therefor in his own name, with full knowledge of the fact that a third party who had no notice or knowledge of the sale by the trustee owned an undivided one-half interest in the land, and that his father owned the other half and was primarily liable for the debt for which the land was sold, will be deemed to be a mortgagee of the land to the extent of the amount so advanced, for which sum the half interest of the father is first liable. The father will be deemed to be the real purchaser for the purpose of redemption, and the original rights of the third party will be restored, subject, however, to the lien of the son for the amount advanced by him.</p>