McKinley-Lanning Loan & Trust Co. v. Aldrich

The plaintiff commenced this action in the district court of Frontier county to foreclose real estate mortgages. At a trial of the issue's joined the trial court entered a decree of foreclosure, by which the amount of plaintiff’s alleged claim was reduced by the favorable finding on the allegation in the answer that the loan transaction evidenced by the notes and mortgage in suit was usurious. The plaintiff has appealed to this court. Subsequent to the appearance of the record here a motion was made to quash the bill of exceptions, which, on hearing, was sustained; hence the evidence adduced…