1. USURY; SWORN ANSWER OF DEFENDANT. — According to the terms of the Usury Law, when an action for the recovery of usurious interest is instituted, the defendant must file a sworn answer, and the absence of this oath implies an admission of the facts alleged in the complaint. From this it follows that the oath must be taken by the person against whom the action is filed for the recovery of usurious interest, and not by the person who brings the action.

2. ID.; PRESUMPTION OF LAW. — The Usury Law was enacted to do away with usury. It was passed against the usurer, and not in his favor. And finding, no doubt, that the evil to be eradicated was so widespread, the legislator felt justified in presuming that it existed whenever its existence was alleged, unless denied under oath, thus demanding the guaranty of this oath, not in the allegation, but in the denial of this fact.

The plaintiff alleges that he is a part owner, of a lot described in his complaint, together with the defendants, and he prays for the partition thereof among them.

It appears that the land in question formerly belonged to the defendants and Hilarion Soriano in joint ownership. Hilarion Soriano conveyed his share to the plaintiff. Thus the plaintiff became co