Cox v. Douglas

12 Iowa 185 | Iowa | 1861

Lowe, C. J.

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

Precisely 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.

Reversed.