Elks v. . Hemby

Clark, 0. J.

This is an action to foreclose a mortgage. Tbe defendant, Adam Hemby, who is an ignorant colored man, applied to tbe plaintiffs, who owned a store in tbe neighborhood, to lend him $1,900 to assist in purchasing a tract of-land. Tbe plaintiffs agreed to do so, but required, as defendants allege, a bonus of $1,100 and a mortgage for tbe $3,000 payable in ten annual installments, with interest. Subsequently,' tbe vendor, on tbe suggestion of tbe plaintiffs and with tbe assent of tbe defendant, conveyed tbe land directly to tbe plaintiffs, with an tinderstanding, as tbe defendants…