Blanchard v. Mott 1 Howell N.P. 126

Mecosta Circuit Court.

ALBERT J. BLANCHARD and ESTELLA D. BLANCHARD vs. DAVID MOTT.

Infant Mortgagor — Bill to Set Aside Mortgage.

Mortgage on homestead is void, though signed by wife, unless she has attained the age of 21 years.

In this cause the bill was filed to set aside a mortgage executed by complainants to defendant, to secure the payment of a note for $140, for a pair of oxen sold by defendant to complainant, Albert J. Blanchard, on the ground that defendant, Estella D. Blanchard, was a minor, of the age of 18 years, at the time of the execution of the mortgage, which was given upon lands occupied by complainants as a homesGead.

The cause came on for argument upon a stipulation as to facts, February 7, 1880, and a decision was rendered on the same day.

Qlidden & Marsh for Complainant.

E. F. Dewey for Defendant.