McClure

Action to foreclose a mortgage executed by defendant to secure his promissory note for two thousand dollars made to his wife, Mrs. M. E. McClure, and by her assigned to the plaintiff, who is the son of defendant and his said wife.

The only defense upon which any point made here is that there was no consideration for the note or mortgage.

The judgment was in favor of the plaintiff, and defendant appeals from the judgment and from an order denying his motion for a new trial.

It is contended by counsel for appellant that the evidence does not justify the finding by the court, that *340 there was “a valuable- and adequate consideration” for the execution of the note and mortgage.

The making of the note and mortgage was one of the results of a compromise of pending lawsuits between defendant and his wife.

On April 5, 1887, defendant and wife with minor children were residing on the mortgaged premises, which were then community property of the husband and wife, but had not been selected or recorded as a homestead by either. On that day, on account of some difference between them, the defendant angrily ordered his wife to leave their home. Thereupon they divided their household…