Kansas City Life Insurance v. Duvall

Mr. Judge Taylor,

of the Commission of Appeals, delivered the opinion for the Court.

Defendants in error, Duvall and wife, filed this suit against Kansas City Life Insurance Company and E. E. Clark, Jr., Trustee, plaintiffs in error, to restrain the sale under deed of trust of the land therein described securing the payment of the bonds and notes in question. The injunction was sought on the ground that the loan contract involved is usurious. The trial court granted a temporary injunction restraining the sale during pendency of the suit. The Court of Civil Appeals reversed and remanded the…