1. The defense of usury must be timely and strictly pleaded.
2. Defendant filed a petition for an order to vacate the final decree and fieri facias in this foreclosure proceeding, averring, inter alia, that he was obliged by complainant to assign to it the operating rights to an amusement park for a certain season, for which he has not been given a proper credit. Held, unless the parties can agree on the amount of credit to be allowed the petitioner, an order will be made permitting the filing of an answer upon petitioner paying the fees of the special master whom the court directed to sell the mortgaged premises, as well as the advertising expenses already incurred by him.
3. Petition by certain banks asking that the final decree be vacated and they be permitted to appear as parties and make claim against complainant for payment of certain notes held by them which they claim is secured by a junior mortgage covering the premises, dismissed on the ground that the claim of the petitioners to an equitable interest in the mortgage is without foundation.
4. The fact that counsel who signed the bill of complaint made the master's report on which the final decree is based, criticised.
PER CURIAM.
The order appealed from will be affirmed, for the reasons stated in the opinion delivered by Vice-Chancellor Davis in the court of chancery.
For affirmance — THE CHIEF-JUSTICE, CASE, BODINE, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, JJ. 10.
For reversal — None.