Clausen v. Salhus

Action in municipal court to recover possession of improved real estate claimed by plaintiffs (appellants) to be unlawfully detained by defendants (respondents). Plaintiffs’ claimed right to the possession of the premises was based on a foreclosure sale under a mortgage owned by them and from which sale no redemption had been made. The defense was usury, claimed to have been exacted by one Hopkins in a transaction relative to the premises wherein a contract for a deed was executed. Plaintiffs succeeded to Hopkins’ rights. If there was such usury plaintiffs could not prevail.

This case was…