W. F. Taylor Co. v. Sample

Citations

• 122 La. 1016
• 48 So. 439
• 1909 La. LEXIS 635

Syllabus

<p>1. Husband and Wife (§ 15*) — Separate Property of Wife — Mortgages—Effect.</p> <p>A petition by a married woman for authorization to execute a mortgage of her plantation so described it as to include her husband’s land. The mortgage similarly described the land, and recited: “Came and appeared * * * a wife of B. herein joined, aided and authorized by her husband.” Seld, that the participation of the husband was solely to give Ms marital authorization to the mortgage, and there was no intent that the wife should mortgage any other property than her own.</p> <p>[Ed. Note. — For other cases, see Husband and Wife, Dec. Dig. § 15.*]</p> <p>2. Mortgages (§ 171*) — Notice to Thied Person.</p> <p>Under Rev. Civ. Code, art. 3342, relating to the registry of mortgages so as to affect third persons, the record of a mortgage professing on its face to relate exclusively to a married woman’s property, but so describing the same as to include the land of the husband joining therein, does not as against third persons operate as a mortgage on his land, and does not affect one subsequently accepting a mortgage on his land.</p> <p>[Ed. Note. — For other eases, see Mortgages, Dec. Dig. § 171.*]</p> <p>3. Estoppel (§ 27*) — By Deed.</p> <p>Under the rule that one who signs as a witness an act creating a mortgage on his property is estopped from contesting the mortgage, a husband joining in and authorizing his ■wife to mortgage her land so described as to include his land is estopped from contesting the mortgage.</p> <p>[Ed. Note. — For other cases, see Estoppel, Dec. Dig. § 27.*]</p>