Sullivan Savings Institution v. Copeland

1. usury : who may plead : grantee of mortgagor. I. The action, was originally brought against Oopeland, the mortgagor, and Brewer, to whom he had sold and conveyed the land. The defendants united hi an answer, setting up as a defense usury in note anq mortgage. When the cause was called forbearing, it was dismissed as to defendant'Oopeland, the mortgagor. Thereafter the answer in the case was in fact the answer of Brewer alone, as there was no other defendant in the case; and the defense of usury was therefore pleaded by him alone, the mortgagor being out of the case. It is the settled rule…