Stoff

This is an action by the plaintiff, the assignor of Charles H. Erken, to foreclose a mortgage on real property. Judgment went in favor of the plaintiff; and this appeal is from that judgment and from an order denying defendant’s motion for a new trial.

There were two defenses interposed to the action: 1. That the defendant was induced to sign the note and mortgage by reasons of misrepresentations of Charles H. Erken, and 2. That defendant did not receive any consideration for the same. The only way in which it was sought to establish these defenses was by attacking the validity of a settlement of the property rights of the defendant and Charles H. Erken theretofore had in a divorce proceeding pending between them, in which settlement the real property involved in the present mortgage, although standing in the name of the defendant, was claimed by Charles H. Erken to be community property, but was abandoned to the defendant upon her executing the note and mortgage in suit. The validity of that settlement is the only question raised by the appellant in support of her appeal.

Prior to the commencement of the present action the defendant Irma M. Erken had filed a suit against her…