Holm v. First National Bank

Citations

• 15 S.D. 75
• 87 N.W. 526
• 1901 S.D. LEXIS 87

Syllabus

<p>Where, in reply to a cross complaint for foreclosure of a mortgage in a suit to cancel the note and mortgage, plaintiff pleads full payment, and alleges facts sufficient to show that the debt secured by the mortgage was wholly usurious, the court cannot properly strike out such reply, and exclude all competent testimony as to usury, the reply raising a material issue, and a good defense to the foreclosure.</p>