Supreme Court of Iowa, 1861

Cox v. Douglas

Cox v. Douglas
Supreme Court of Iowa · Decided October 16, 1861 · Lowe
12 Iowa 185

Cox v. Douglas

Opinion of the Court

Lowe, C. J.

Foreclosure 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.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.