
    Babcock vs. Twist and Wire and Another.
    A bill was filed to compel the execution of a mortgage, in pursuance of an alleged agreement to secure an indebtedness, with interest. Proofs showed that the agreement was for a mortgage to secure interest only. Complainant allowed to amend bill and take decree accordingly.
    A wife cannot set off a claim of her husband against a debt due from herself.
    Appeal from Washtenaw.
   Opinion by

Campbell, C. J.

A father purchased land and paid for it and had a conveyance made to his daughter, to be delivered when she should execute to him a mortgage upon terms agreed upon, which were payment of interest, if demanded,' hut not of principal. Part payment was made,- and afterwards,; upon disagreement and refusal to mortgage, the daughter obtained and recorded a second deed to herself from the original vendor — the first deed not being recorded, but having been taken by the father to obtain a settlement with her.

On bill filed by the father setting up the facts, but claiming the mortgage was to secure principal as well as interest, the Couit, considering his age. and the relationship of the parties, allowed complainant leave for an amendment of the hill according to the facts established by defendants, in his favor, instead of a dismissal without prejudice, and directed the mortgage to be executed and a sale to be had for the interest in arrears.

The daughter claimed to set off by way of reduction of the mortgage an alleged claim belonging to her husband for board of her father. Held, that if the husband .had any such claim it was not a proper set off against’the debt due by the wife.  