Mahoney v. Mackubin

On the appeal from the order ratifying the sale of the mortgaged property made in this case, that order was affirmed hy this Court at its April Term, 1879, and the cause was remanded in order that the proceeds of sale might he distributed. The auditor has now stated an account making such distribution, to which exceptions have been filed hy Mahoney and wife, substantially to this effect: 1st, that large sums have been paid hy Shipley and Mahoney hy way of bonus and usury, which are properly credits on the mortgage debt, and have not been allowed; 2nd, that it was error to allow the mortgagee…