Temple Trust Co. v. Stobaugh

BAUGH, Justice.

Suit was by appellee to recover payments of interest alleged to be usurious and over-payments of principal, on two separate loans made by appellant and secured by deeds of trust on real estate in Coleman county, owned by appellee. The loans were for different sums, made on different dates, and matured differently, but the same plans, ratios, and interest rates prevailed in each, and for purposes of clarity and brevity we shall discuss the issue of usury as to the first loan, and as to the second only so far as the issues presented differ from those involved in the first.

The…