Greenwell v. Moffett

The opinion of the court was delivered by

Benson, J.:

William Greenwell and Minnie L. Greenwell commenced a suit to cancel certain notes and a mortgage given by them to John Moffett and Moffett Brothers & Andrews, alleging duress in the execution thereof and failure of consideration. The defendants in that suit pleaded default in the conditions of the mortgage and prayed for foreclosure. In the reply it was alleged that the mortgagees were in an unlawful combination, or trust, and that the consideration for the mortgage was based on the illegal transactions of such trust and the mortgage was…