Murray v. Oliver

This is a suit to foreclose a mortgage executed by the respondent, Oliver, July 26th, 1861, to-one Ira Bristol, and by him assigned, for value, to the appellants, July 15th, 1862.

The complaint sets forth the note and mortgage upon which this suit is based, and the respondent Oliver demurs, and assigns as ground of demurrer, that the said note is usurious and void. The court below sustained the demurrer, and gave a decree for the defendants for costs.

The note which is claimed to be usurious is as follows:

“$200.00.

“Benton County, Oregon, July 26th, 1861.

“ One year after date, for value…