Neil v. Bunn

Jackson, Judge.

Tbe defendant filed two pleas in bar of tbe foreclosure of tbe mortgage, both of wbieb were stricken. Tbe error assigned bere is tbe act of tbe judge in striking these pleas.

1. Tbe first was usury. The note, to secure which tbe mortgage was given, was made in 1871, and due in 1875. The mortgage was made in 1874, when there was in this state no limitation upon tbe rate of interest, and when tbe mortgage was executed it was agreed that interest should run at 10 per cent, from tbe maturity of tbe note. Ye think that *584this plea was properly stricken. The seal to the mortgage imports…