Weikel v. Davis

Citations

• 109 Wash. 97
• 186 P. 323
• 1919 Wash. LEXIS 973

Syllabus

<p>Mortgages (7)—Debts Secured—Lien Without Personal Obligation. A mortgage may be given to secure a lien upon real estate without any accompanying debt or personal obligation to pay, in view of Rem. Code, § 1117, which provides that, if there is no such agreement, the remedy shall be confined to the property.</p> <p>Contracts (22)—Mortgages (12-1)—Consideration. The withdrawal and relinquishment of conflicting claims to coal lands applied for under the land laws, is a sufficient consideration for an agreement to pay certain sums therefor, and for a mortgage on the lands after patent issued.</p> <p>Contracts (40, 41)—Mines and Minerals (3%)—-Public Policy —Restriction on Conveyances. The only restriction upon the acquisition of Federal coal lands being the limitation that no one person shall obtain more than 160 acres and no association more than 320 acres, a contract for a relinquishment whereby the patentee agrees to mortgage the land acquired to secure the sum agreed upon as consideration for the relinquishment is not in violation of the act or against public policy.</p>