Babbott v. Thomas

By the Court, Pratt, J.

The action in this case was brought to cancel a bond and mortgage and to restrain the foreclosure of the mortgage. The mortgage was executed by Babbott and wife, and the plaintiffs claim that it was given upon a usurious consideration. On the trial Babbott offered *278himself as a witness, to prove the usury. Upon objection by the defendants he was excluded, upon the ground that the wife was interested in the event of the suit; having an inchoate right of dower in the mortgaged premises. This is the only ■question in the case.

I think the husband was á competent witness on…