Aulger v. Clay

This case presents the single question whether there was such a tender as stopped the interest on the note given for a portion of the purchase money for the land. The facts are, that on the 14th day of August, 1868, one Benjamin Whisler, owning the land in controversy, with others, borrowed from the ¿Etna Life Insurance Company $2500, for which he gave his note and a deed of trust on one hundred and ninety-three acres of the land. The note was payable January 1, 1873, with ten per cent interest, payable semi-annually. Bourland was the trustee to whom the deed of trust was made. On the 26th…