Gleason v. O'Neill

This action was brought to foreclose a mortgage given by the defendant Grace B. O’Neill to her husband, the defendant Frank H. O’Neill, to secure the payment of the sum of $10,000, and assigned by him to the plaintiff. The defendants plead usury. Before the trial the foreclosure of a prior mortgage cut off the lien of plaintiff’s mortgage on the premises covered by both, and this action was thereafter continued as one for a money judgment only.

The decision of the trial court consists of findings of fact to the effect that the mortgage was given by Grace B. O’Neill to Frank H. O’Neill to…