Gerwig v. Shetterly

By the Court, E. Darwin Smith, J.

The first of the above entitled actions was instituted to stay proceedings upon the foreclosure by advertisement of the mortgage mentioned in the pleadings, and bearing date May 11, 1868, and to cancel and set aside said mortgage as usurious. And the suit secondly entitled was instituted by Shetterly as assignee of the same mortgage, to foreclose it, or, if the court should hold it usurious, then to set aside a satisfaction of a previous mortgage dated November 28, 1864, and foreclose such mortgage; setting- up, further, that the first mentioned mortgage was…