Wellfare v. Realty Trust Co.

LESLIE, Chief Justice.

This is a usury case, and the charge is based upon acceleration clauses in various notes and deeds of trust, and there is no contention that in the transaction the interest actually provided for in the absence of acceleration would constitute usury. In fact, no contention is made that actual usury was ever collected under the loan contracts.

The plaintiffs, Mrs. E. K. Wellfare and others, instituted this suit against the Realty Trust Company, a corporation, and others,’ alleging that they had theretofore em tered into a usurious contract with W. A. Waldrop, and that later…