Weber v. Laidler

Citations

• 26 Wash. 144
• 66 P. 400
• 1901 Wash. LEXIS 621

Syllabus

<p>PUBLIC LANDS-MORTGAGE OF HOMESTEAD ENTRY-VALIDITY.</p> <p>Rev. St. IJ. S. § 2296, which provides that no lands acquired under the provisions of the homestead act shall in any event become liable to the satisfaction of any debt contracted prior to. the issuing of the patent therefor, is intended as a prohibition on the involuntary appropriation of the homesteader’s land by way of execution or attachment, and does not contemplate a restriction upon his power to voluntarily mortgage his interest therein.</p> <p>SAME •— MORTGAGE BEFORE ACTUAL ENTRY ESTOPPEL.</p> <p>The fact that an entryman of public land under the homestead act mortgages his homestead claim before actual entry thereon would not invalidate the mortgage, since his act would be controlled by the ordinary rule of estoppel applicable to cases of after acquired title by one who had mortgaged property of which he was not at the time the owner.</p>