
    Higbie v. Heath et al., appellants.
    
      Interest—compound interest—rules for computing—certificate annexed to case.
    
    The court will not enforce a contract for the payment of compound interest; but if the debtor pays it voluntarily, it cannot be recovered back. Mowry v. Bishop, 5 Paige, 98.
    When there is no certificate annexed to a case, stating that the latter contains the whole evidence, the court cannot say that a particular finding is not supported by the evidence. On the contrary, it must find that it is.
    Appeal by the defendant Moses Petrie from a judgment entered upon the findings of the judge before whom the action was tried without a jury.
    The action was brought by William Higbie against Gaylord Heath and others, to foreclose a mortgage originally given to executors, and assigned to the plaintiff.
    
      O. O. Cottle, for appellant.
    
      G. W. Smith, for respondent.
   Mullin, P. J.

The points passed upon are given in the head-note, and it is not believed necessary to publish the opinion in full.

Judgment affirmed upon condition that plaintiff gives stipulation, etc.  