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The respondent on the second day of the court filed his complaint; alleging that more than lawful interest was included in, and secured by said mortgage, and prayed the aid of the petitioner’s oath; the petitioner objected to receiving it: The court on consideration determined that as the petition was in chancery, the defendant had right to answer or hie his cross-bill, and to Lave tbe benefit of the petitioner’s oath.
The petitioner objected against being examined on oatb touching said usury, because if true it would expose him to a penalty: But by the court the objection was overruled, and the petitioner withdrew his petition.
Document Info
Citation Numbers: 1 Root 137
Filed Date: 9/15/1789
Precedential Status: Precedential
Modified Date: 7/20/2022