Guaranty Trust Co. v. Robinson

This is an action to foreclose a mortgage, given as collateral security to six bonds, amounting in all to the sum of $750,000, with interest. The action is, therefore, clearly an action in equity.

There are several defenses interposed by the answers; some of these defenses are clearly equitable in their character, and others are legal defenses. Making another test, some of the defenses interposed are pleaded for the purpose of defeating a recovery on the bonds and to cancel the mortgage, as having had no valid inception — having been obtained by fraud.

The plea of usury is also interposed, and…