Trexler v. Trexler

Reno, P. J.,

On Oct. 1, 1926, Clarence D. Trexler and Perma E., his wife, executed and delivered to Milton C. Trexler a mortgage for $4200, covering premises owned by the mortgagors as tenants in common. Subsequently, Milton C. Trexler assigned the mortgage to Emma K. Trexler, who has instituted a sci. fa. thereon, naming Perma E. Trexler as defendant, Clarence D. Trexler having died meanwhile. The defendant, by her affidavit of defense, seeks to set off against plaintiff’s claim upon the mortgage the sum of $1876, which is one-half of the principal and interest due upon a judgment note given…