Howard v. Bank of Commerce

Opinion op the Court by

Judge Clay

— Affirming.

The Bank of Commerce of Lexington sued Eliza, Howard and her husband, L. D. Howard, to recover on a $11,850 note, and to enforce a mortgage lien securing its payment. The chancellor canceled the note and mortgage, but on appeal the judgment was reversed and cause remanded with directions to eliminate the usury and give judgment for the balance. Bank of Commerce v. Howard, 257 Ky. 395, 78 S. W. (2d) 36, 37.

During the pendency of the action Dorcas Barnett, who had purchased from Eliza Howard her home place for $6,000 and other considerations,…