First National Bank v. Ten Napel

— It is admitted that the property covered' by the appellee’s mortgage is the homestead of the appellants. The mortgage was given to secure the existing indebtedness of the husband, the notes described in the mortgage being signed by the husband and a son only, and being of earlier date than the mortgage, or in renewal of earlier like notes.

The defense presented is that the wife could not read or understand the English language, and that her signature to the mortgage was procured by fraud on the part of her husband and the president of the bank; and that, being upon the homestead, if invalid…