Sparks v. Clapper

This was an action commenced in the Janu*205ary term of the Morgan Common Pleas, 1868, by George "W. Clapper, appellee, against William J. Sparks and Charles D. Smith, appellants, upon a promissory note executed by appellants, on the 27th day of October, 1864, and made payable to appellee two years after date, for $1,779 with interest, which said note was secured by mortgage upon real estate.

Appellants answered in five paragraphs, all of which were subsequently withdrawn, except the fifth.

The fifth admitted the execution of the note and mortgage, but alleged the payment of usurious-interest…