Jones, Et Vir v. Hammock Et Ux.

(dissenting).—This is an appeal from a final decree finding usury to exist in a certain note and mortgage, the renewal and the extension thereof, and applying the statutory penalty to the lender by ordering the note and mortgage, the renewal and extension thereof cancelled of record.

In response to a newspaper advertisement, Mrs. Jesse Sewell Jones, on July 21, 1927, loaned to Warren Ham mock and Julia R. Hammock the sum of $4,750.00 taking therefor their note in the sum of $5,000.00, due in three years, bearing interest at the rate of 8%, secured by a mortgage of even date on the following…