McGovern v. Federal Land Bank

Hort, Justice.

In this action by plaintiffs to set aside the foreclosure of a mortgage on their home and have it adjudged usurious, the judgment was entered for defendant from which plaintiffs appeal.

Of the assignments of error, only two are available to plaintiffs, for there is no settled case or bill of exceptions.

The first assignment open to plaintiffs on this record is that the court erred in refusing to vacate the foreclosure because no registry tax was paid upon the mortgage. The admissions in the pleadings and the court’s findings show that the tax was not paid; but it also appears…