Hodges v. Westmoreland

The suit is in two counts, for conversion of personalty and for the destruction of a: lien. The sufficiency of the count, in case, for the destruction of the lien, is not controverted, and nothing is decided as to this. There was judgment for plaintiff.

Assignments of error challenge the sustaining of demurrer to plea 2 and the rui ings in rejection of evidence. Appellant’s counsel says that these rulings present the same question: The right of plaintiff to recover from the defendant usurious interest included- in the mortgage, upon which the suit is based. The questions: “Westmoreland only…