Hoskins v. Cole

This is a bill to foreclose a mortgage given by appellants to appellee. The defense is usury. The defense was not sustained by the Circuit Court, but a decree was ' entered for the balance due on the note and mortgage.

It is urged that the court erred in admitting the note and mortgage in evidence over the objection of appellants. It is claimed that the bill did not correctly describe the mortgage offered in evidence and that there is a variance between the note offered in evidence and that described in the mortgage. The note is as follows:

“$7.042 Edwardsville, Ill., February 21,1884.

“ One…