Building & Loan Ass'n of Dakota v. Price

RAINEY, Associate Justice.

Appellee H. M. Price brought this action against appellant to recover a penalty for receiving usurious interest, and to cancel an obligation to pay money and a deed of trust executed to secure said obligation, alleging that the amount paid and double the amount of the interest received by appellant would exceed the amount of the loan by $378, for which amount he prayed judgment. The obligation for which the deed of trust was given to secure was executed by Jacob and Bertha Rothchilds, and is as follows:

“Know all men by these presents, That Jacob Rothchild and Bertha…