Lucas v. Castelow

Lucas foreclosed a mortgage which had been made to him by Castelow. Castelow interposed an affidavit of illegality to the foreclosure, in which he set up that the only consideration for the mortgage was illegal, for the reason that he was not indebted to Lucas at the time he executed it, but gave the note and mortgage to suppress a criminal prosecution; that he gave them at the time of his arrest upon a warrant sworn out by Lucas, charging him with the offense of misdemeanor, in connection with a claim that Lucas had made against him, Lucas telling him that if he failed to execute the same he…