Benson v. Andrews

This is an appeal from a judgment awarding plaintiff the sum of $9,000 against defendants Angela Henry and George Henry and decreeing foreclosure of a second deed of trust securing that amount in default of payment thereof.

The principal question involved is whether plaintiff, as assignee of a promissory note secured by a deed of trust, may enforce said instruments despite the existence of a defense valid against his assignor.

Defendants Angela Henry, a widow, and her unmarried son, George, owned an unimproved lot as joint tenants on which they desired to erect an apartment building. They…