Mason v. Cunningham

Davis, C. J.-

This was a mortgage foreclosure case in which the defense of usury interposed by the mortgagors in their answer was not sustained by the final decree of the Chancellor, who awarded a foreclosure of the mortgage as prayed in the bill of complaint.

It appears from the evidence disclosed by the transcript that there is substantial basis therein for the Chancellor’s evident finding that the mortgagors first applied to a loan broker to procure them a loan of money to be secured by mortgage on real estate; that for such service they agreed to pay, and did pay, to the broker, a fixed…