Smith v. Bailey

The facts, in this case, appear from the opinion of the court delivered by

Collamer, Chancellor.

This was a bill in chancery, wherein the orator alleges that the defendant, as a mortgagee, has an action of ejectment pending against the orator, and that the mortgage contains usury, and calls for a discovery thereof, praying that the true sum due in equity may be ascertained, which he offers to pay and redeem ; and praying an injunction on the ejectment. The defendant answers imperfectly, and further answer being ordered, he discloses the usury, which being deducted, leaves due on the mortgage,…