Mathews v. Missouri, Kansas & Texas Trust Co.

Action to obtain a cancellation, for usury, of certain notes and the mortgage securing them, made by the plaintiffs to the defendant. The trial court found that the notes and mortgage were usurious, and directed their cancellation. Judgment was so entered, from which the defendant appealed.

1. The defendant claims that the judgment is erroneous, because the plaintiffs should have been required to do equity, and repay, with interest, the amount of money actually received by them from the defendant, as a condition of obtaining a cancellation of the securities. The statute law of our state2 is…