-
Lowe, C. J. Foreclosure of a mortgage. A defense of usury Avas set up without tendering the amount of the princi
*186 pal, 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.
Document Info
Citation Numbers: 12 Iowa 185
Judges: Lowe
Filed Date: 10/16/1861
Precedential Status: Precedential
Modified Date: 7/24/2022