Twombly v. Randall

Decided February 23, 1880

District of Columbia Court of Appeals · decided 1880-02-23

STATEMENT 0E THE CASE. This was a bill in equity setting forth that plaintiff had purchased certain goods and chattels and household effects, giving his note secured by a deed of trust upon the same, to secure the payment of the purchase money. That default being imple in the payment of the note, the trustee now threatened to proceed under said trust and to remove all of said personal property, &c., and sell them at public auction to satisfy said indebtedness.

Decided 1880-02-23

By the Court:

¶1When property is purchased by the husband, and at the same time mortgaged by him to secure payment of the purchase money, such mortgage may be executed by the husband alone, and does not require the signature of his wife to make it valid. And sections 797 and 798 of the R. S. D. C., act of Congress of February 5, 1867, do not exempt property so purchased from the operation of the lien created by such mortgage to secure the purchase money, notwithstanding that such property may not exceed in value the amount exempted under said act from execution, &c.

¶2The deed of trust from Twombly to Randall, trustee, is valid ; and the decree below is affirmed.