VASSAR HOLDING CO. v. DUNLAP

1. A subsequent mortgagee defendant has the right to interpose the defense of usury in a foreclosure suit.

2. Where an estoppel certificate was executed nearly three years after the mortgage was placed on record by the holder thereof, it cannot prejudice the rights of the mortgagee.

PER CURIAM.

The order appealed from will be affirmed, for the reasons stated in the opinion delivered by Vice-Chancellor Berry in the court of chancery.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, MINTURN, KALISCH, BLACK, KATZENBACH, CAMPBELL, LLOYD, WHITE, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, DEAR, JJ. 15.

For reversal — None.