Dunson v. Harris

1. If the owner of property stands silently by and permits another to mortgage it to a third person, he will be estopped to assert his title thereto as against the mortgage. Civil Code (1910), § 4419; Carroll v. Turner, 54 Ga. 177; Ford v. Blackshear Mfg. Co., 140 Ga. 670 (3) (79 S. E. 576). In the instant ease there was testimony to the effect that the claimant of the property levied upon, who was the wife of the mortgagor, was present when the mortgage was taken in good faith by the plaintiff in fi. fa. and the credit was extended to the husband; that the mortgage was read in her presence…