McCullough Et Ux. v. Hill

The appeal in this case is from an order and decree dismissing a bill of complaint filed to foreclose a mortgage. The defense was that the contract constituting the basis of the suit was usurious and unenforceable under the provisions of section 4855 R. G. S., 6942 C. G. L.

It appears from the record that the note and mortgage were executed on July 22nd, 1927; that the note was for the sum of $6,000.00, payable one year after date, with interest at 8% payable quarterly after date. That no money was paid over to the mortgagor at the time but that such money as was paid over to the mortgagor by…