Cox v. Douglas

Supreme Court of Iowa

Cox v. Douglas

12 Iowa 185

Supreme Court of Iowa·Decided October 16, 1861·Published·Cited by 1 cases

Opinion

Lowe, C. J.

Foreclosure of a mortgage. A defense of usury Avas set up without tendering the amount of the princi[186]*186pal, on which account a demurrer was filed to the answer, the same sustained and the cause appealed.

Precisely the same question was raised in the case of Kuhner v. Butler, 11 Iowa 419, and the ruling of the court below in that case was held to be error, and reversed; as we also reverse this for the reasons assigned in the case referred to.

Reversed.

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Lowe, C. J.

Foreclosure of a mortgage. A defense of usury Avas set up without tendering the amount of the princi[186]*186pal, on which account a demurrer was filed to the answer, the same sustained and the cause appealed.

Precisely the same question was raised in the case of Kuhner v. Butler, 11 Iowa 419, and the ruling of the court below in that case was held to be error, and reversed; as we also reverse this for the reasons assigned in the case referred to.

Reversed.

Cox v. Douglas, 12 Iowa 185 (iowa 1861).

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Opinion

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