First-National Bank v. Benson

Nuessle, Ch. J.

This action wTas brought to foreclose a real estate mortgage. The defendant Peter Benson defaulted. The defendant Ella Benson, answering, set up that she w^as the wife of her codefendant Peter Benson; that the mortgage in question included the homestead property on which they resided; that she had never, executed such mortgage; that if she did execute it her signature was procured through fraud; that there was no consideration for her execution of the mortgage and that as to the homestead the same w7as void.

It appears that in 1919, the defendant, Peter Benson, was the owner of…