Johnson v. Simmons

—Plaintiff brought an action of replevin for certain mortgaged property, on the ground that the mortgage was rendered void by the exaction of usurious interest on the debt secured thereby. The suit was begun before a justice against defendant Simmons, at whose instance defendant Humeston was made a party defendant. After two changes of venue, plaintiff had judgment before a justice for the property or its value, from which an appeal was taken to the circuit court *397where the issues were submitted to the judge without a jury, who found them in favor of plaintiff. From a judgment on this finding…