Brewer v. Rust
Supreme Court of Oklahoma
Ind. T. Appeal from, the United States Court for the Western District of the Indian Territory, at Muskogee; before William, B. Lawrence, Judge. Action on promissory note and mortgage by J. Rnst against Louisa L. Brewer and others. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtKane, J.
This was a suit brought by the appellee, plaintiff below, against appellants, defendants below, upon a promissory note, and to foreclose a mortgage given to secure payment of the note. There was no defense to the note or mortgage except the fact, which was admitted, that the rate of interest to be paid by the terms of the note was in excess of 8 per cent, per annum, to wit, 10 per cent, per annum. As stated by counsel for appellants in their brief, the sole question in this case is whether, on the 12th day of February, 1904 (the day the note was executed), it was lawful for plaintiff to…
2Cases cited15 opinions
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- Simonton v. . LanierSupreme Court of North Carolina · 1874
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3Cited by17 opinions
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- Searcy v. State Ex Rel. CarlSupreme Court of Oklahoma · 1917
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