Richardson v. Warner

This is a bill to foreclose a mortgage. The defenses are usury, the statute of limitations, and a former adjudication.

The defense of usury fails for two reasons: (1) The complainant is a Iona fide purchaser before maturity. This the testimony unquestionably establishes. Counsel for defendant challenges the sufficiency of the averment of the bill in this respect. As the intent of the pleader is clear, the defect, if one existed, would be corrected by amendment to conform the pleadings to the proof. (2) The only defendant answering is in no condition to plead usury. She is a subsequent grantee…