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· 9/10/1910

Olson v. Springer

Citations

  • 60 Wash. 77
  • 110 P. 807
  • 1910 Wash. LEXIS 1012

Syllabus

<p>Husband and Wipe — Community Property — Conveyances—Mortgages. In the absence of fraud or deceit, a mortgage upon community property executed by the wife alone is void.</p> <p>Same — Mortgages—Estoppel. A husband, to whom a loan of ?700 was made, secured by a note and mortgage upon community property executed by the wife alone, is not estopped to question the validity of the mortgage lien by the fact that he consented to the execution and delivered the mortgage, and that the community would be liable for money had and received.</p> <p>Estoppel — Pleading. An estoppel must be pleaded.</p>

Judges: Crow

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