Charles v. Davis, Ex'r.

Doe, C. J. The judgment rendered against this plaintiff in the suit in which he could have pleaded usury, is conclusive evidence of the legality of the mortgage-note. Cooke v. Jones, Cowp. 727; Edmonson v. Popkin, 1 B. & P. 270; Flint v. Sheldon, 13 Mass. 443, 452, 453; Thatcher v. Gammon, 12 Mass. 267; Footman v. Stetson, 32 Me. 17; Tibbetts v. Shapleigh, 59 N. H. 319. “ If there be a bona fide legal process under which money is recovered, although not actually due, it cannot be recovered back, inasmuch as there must be some end to litigation.” Cadaval v. Collins, 4 A. & E. 858, 867. Judgment for the defendant. Blodgett, J., did not sit: the others concurred.