Majority
p. 668Abel French, Matthias Fredendall, and Simon Bradt; Jacob La Grange, an Infant, by Elizabeth Grange, his Mother and Guardian; Jacob Van Nest, and Elias Kane, Appellants, against Gilbert Shotwell, Respondent.
Headnote
A plea may be good in part andd bad ™ A plea may be ffood in part.Where a plea is more the subject which it re iTl’Jre'rZ stand as to so much of the bill to which it properly applies; and the defendant must answer as to the residue.
consent”1’ *¡y binding and less procured A decree, or
Where the defendant, himself,waives his defence to tiieUdground of usury a subsequent purchaser, under him, with notice of the judgment,cannot impeach it.
APPEAL from the decree of the Court of Chancery, of the 27th of December, 1821, on a rehearing on the plea of the defendant; ( 5 Johns. Ch. Rep. 555 . 569. S. C.) and a - deCree of the 8th of August, 1822, on the report of the mas-' ter, as to the exceptions taken to the answer accompanying the plea, and to the further answer to the amended bill. (6 Johns. Ch. Rep. .)
J. V. Henry, for the appellants.
H. Bleecker, contra.
November 13th. The. Court, (Vielie, senator, alone dissentingi) being of opinion, that the decree of the Court of Chancery ought to be affirmed, the following decree was entered: “ Counsel having been heard in this cause, and due deliberation being thereupon had, it is ordered, adjijdged, and decreed, that the decrees of the Court of Chancery, in this cause, be apirmed, and that the appeal 6e dismissed; and that the appellants pay to the respondent jdg costs, in defending this appeal, to be taxed, and that the 3 e 0 * * record be remitted," &c.
Decree of affirmande.