Butler Brothers Co. v. Levin

Action to foreclose a mortgage wherein judgment went for defendants. Plaintiff appeals. The mortgage was on the homestead of Max and Mary Levin. Not having been signed by the wife, it was void under section 8340, G. S. 1923, which provides that if the owner of the homestead be married, no mortgage thereon except for the unpaid purchase money, “shall be valid without the signatures of both husband and wife.” The invalidity of the mortgage is sought to be avoided by subjecting the wife to an estoppel arising from her promise to plaintiff, as the creditor not of the wife but of the husband and…