Menzie v. Smith

This action was begun in the district court of Madison county to foreclose a real estate mortgage. The petition contains the ordinary averments, and alleges an assignment of the papers from the original payee to the plaintiff in the suit, and that the plaintiff is the owner and holder thereof. The answer, after admitting the execution, delivery and *667recording of the mortgage as alleged, denies all other allegations of the petition, and sets up as an affirmative defense the plea of usury. The plaintiff replied denying the allegation of the answer. There was a trial and finding and decree in…