Kline v. Evans

Henninger, P. J.,

The above captioned action is a foreclosure proceeding upon a mortgage executed by defendant Allen D. Evans upon his property occupied by defendant Minerva M. Evans and by their dependent minor son.

Wife-defendant, named as terre tenant in the fieri facias, has applied to the mortgagee to assign the mortgage to her nominee to assure her continued residence in the home. To this husband-defendant objects, and he has also offered to have the mortgage assigned to his nominee, if necessary, in order to gain control over *157the foreclosure proceedings. Plaintiff has refused to comply…