Messersmith v. Reilly

Burr, Ck. J.

This is an action to foreclose a real estate mortgage given by one Anthony Reilly, and the defense of usury is interposed. The case was submitted to the trial court upon a stipulation of facts, the pertinent part of the stipulation being as follows:

“It Is Hereby Stipulated and Agreed by and between the plaintiff and defendants through their respective counsel as follows:

“That in the Ansiver the defendants have set out a copy of the mortgage, which was recorded November 27, 1916 in Book 40 of Mortgages, and the first extension agreement which was dated December 1, 1922 and filed…