Spruce Hill Homes, Inc. v. Brieant

Appeal from an order denying plaintiff’s motion for summary- judgment in an action to foreclose a purchase-money mortgage executed September 1, 1928, the interest on which has not been paid for several years. Defendants pleaded as defenses and counterclaims breach of covenants of warranty in the deed from plaintiff’s predecessor, in which defendant Charles La Monte Brieant was the grantee, in that there was a right of way from adjoining premises across the property in question; and also pleaded the defenses of usury, fraud in concealing the existence of said right of way, and failure of…