Carrington Bros. v. Gadsby

The plaintiff brings this action for foreclosure. The answer of defendant Gadsby sets up that there was an agreement on her part to give a mortgage of $3,500, and the plaintiff was to pay and discharge certain other mortgages, and pay tax liens in a sum which did not amount to the face of the mortgage; and that the balance left over was never paid to her. It is difficult to ascertain from the answer whether defendant is setting up a defense of usury or demanding an accounting for the sum unpaid. Perhaps, inconsistently, she is demanding both.

On the trial, proof was lacking as to a definite…