Welder

This is an appeal from an order denying plaintiff’s motion to set aside a decree and to enter a new and different decree upon the findings.

Plaintiffs sued to recover the sum of $4,199.76 as treble the amount of interest which they had paid upon a promissory note which they allege was in the principal sum of $20,000 and called for $5,399.92 in interest. The truth of the case is that the promissory note was in the principal sum of $16,000 and called for interest at seven per cent, which was all that plaintiffs paid. As a part of the same transaction the parties entered into an agreement whereby the plaintiffs agreed to and did deed certain real property to defendants subject to two prior mortgages amounting to $14,000. The obligations of these mortgages were assumed by the defendants and they paid the interest thereon, together with all taxes and assessments against the property. By this agreement the defendants undertook to reconvey to the plaintiffs within the year upon payment to them of $20,000, plus interest. At the same time the defendants executed to plaintiffs a lease of the property and the latter remained in possession.

The plaintiffs, through an amended complaint,…