Marie Cangany V. Karuppasamy Cangany

[ Full Bench.]

Present : Sir Joseph T. Hutchinson, Chief Justice, Mr. Justice
Wendt, and Mr. Justice Wood Renton.

MARIE CANGANY v. KARUPPASAMY CANGANY.

D. C, Kandy, 16,483.

Mortgage by wife without written consent of husband-Presence of husband at execution and subsequent recognition of its validity by him- Invalidity-Estoppel-Obligation to repay-Ordinance No. 15 of 1876, s. 9-Evidence Ordinance (14 of 1895), s. 115.

Where the defendant was present at the execution of a mortgage bond by his wife, and by his subsequent conduct recognized its validity, and where, after the death of his wife, he was sued as administrator of her estate on the said bond, and he pleaded that it was invalid as it was executed without his written consent,-

Held, that the plea was good and that the, defendant, who was sued as administrator, was not estopped, by conduct from questioning the validity of the bond.

Where it appeared that the money borrowed by the wife went in payment of a prior mortgage executed by the wife with the knowledge and consent of the husband,-

Held, that the defendant (husband), as his wife's administrator, was liable

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