Lowrie v. France

This was an action by the defendant in error to foreclose a mortgage executed by the plaintiffs in error to Henry Wortendyke as security for the payment of a. promissory note, payable to the order of said Wortendyke, and by him * assigned to the defendant. The answer set up the defense of a usurious consideration, which was known to the defendant when he received the note. ' All of the allegations respecting the usury were put in the issue by the reply.

*192On the trial the plaintiffs in error, with a view of excepting to the decisions of questions of law, requested the court to state its…