Petterson

This suit was brought in the District Court of the United States for the district of Alaska, Division No. 1, to recover the amount of a certain promissory note for $3,-500, with interest at the rate of 12 per cent, per annum, and for the foreclosure of a mortgage upon certain real property situate in the town of Juneau, Alaska, given to secure the payment of the note. Both note and mortgage *214 were dated September 24, 1898, and were made to one Antonio Visalia, from whom they were purchased by the appellee on the 8th day of May, 1901, who thereafter, to wit, on March 24, 1903, commenced the present suit. Interest on the note was paid to December 1, 1901.

To the complaint setting out these facts, and asking for the foreclosure of the mortgage, the defendants thereto demurred, upon the ground that the contract sued on was usurious and against public policy, and therefore that no action could be maintained on it. The demurrer was overruled, and, the defendants electing to stand thereon, the court gave judgment for the complainant, and entered the usual decree of foreclosure. The defendants thereupon brought the case here by appeal, and present as the single specification of error…