Peoria Life Ins. Co. v. Harton

BOND, Justice.

The Peoria Life Insurance Company filed this suit in the nature of a trespass to try title, sued out a writ of sequestration, and levied on the real estate involved in the suit. The appellee filed a replevy bond, and in cross-action challenged, as usury, the contract which formed the basis of a foreclosure proceedings, through which appellant claims title; sought to have all payments of interest made thereunder applied to the principal note, tendering the balance into court.

The contract was evidenced by a promissory note executed on October 2, 1922, by the appellees, payable to…