Bank of Louisiana v. Briscoe

The judgment of the court was pronounced by

Eds'tis, C. J.

The defendant obtained an injunction against the executory process issued for the sum of $14,400 with interest, on an authentic act, by which his property was mortgaged to secure the payment of the sum of $18,000, with interest, &c., the amount of a bond executed by him in favor of the Bank of Louisiana. The injunction was dissolved after a trial of the cause on its merits, and the defendant has appealed. It has been argued before us as presenting a question of usury.

On the 22d of April, 1838, the defendant wrote to the cashier of the…