Public-domain · open source
OpenJurist

12 Iowa 185

Cox v. Douglas

Supreme Court of Iowa

Decided October 16, 1861

Supreme Court of Iowa · decided 1861-10-16

The facts are stated in the opinion of the court. relied upon Kuhner v. Butler, 11 IoAva 419, and Story Eq. Jur. §§ 64 e, 300, 301, and contended that Phelps v. Pierson, 1 G. Greene 127, is inapplicable.

Decided 1861-10-16

Lowe, C. J.

¶1Foreclosure of a mortgage. A defense of usury Avas set up without tendering the amount of the princi*186pal, on which account a demurrer was filed to the answer, the same sustained and the cause appealed.

¶2Precisely the same question was raised in the case of Kuhner v. Butler, 11 Iowa 419, and the ruling of the court below in that case was held to be error, and reversed; as we also reverse this for the reasons assigned in the case referred to.

¶3Reversed.

/12/iowa/185 · .json · Public domain