Oregon Mortgage Co. v. Hersner

Citations

• 14 Wash. 515
• 45 P. 40
• 1896 Wash. LEXIS 399

Syllabus

<p>HOMESTEAD — MORTGAGE BY HUSBAND UNDER POWER OP ATTORNEY PROM WIPE — CONSTITUTIONAL INHIBITION ON SALE.</p> <p>A husband having a general power of attorney from his wife authorizing him to mortgage all their real estate can make a valid mortgage of their homestead, which is community property, without her joining in it.</p> <p>Art. 19 of the constitution, providing that the legislature shall by law protect a certain portion of the homestead from forced sale, does not apply when the homestead has been voluntarily incumbered</p>