Hough v. Hamlin

1. TJSTJKY : burden of proof: evidence. The note to secure which the mortgage was given was executed by defendants, Comfort Hamlin and wife. The note was payable to G. B. Hamlin, or order, and he indorsed it to James Shaw; who indorsed it to the plaintiff. The defendants claim that while the transaction between them and Shaw was in form a sale of the note and mortgage, it in fact was a loan of money. The sale being a mere devise to evade the statute enacted to prevent usury, the burden to establish the defense is on the defendants. The arrangement with Shaw was made by O. B. Hamlin. They are…