Brown v. Fretz

Appellant brought this suit to foreclose two mortgages given him by appellee. One mortgage secured a note dated December 31, 1931, for $135 executed by appellee to appellant’s order. The other secured a note dated January 8, 1932, for $672.27, also executed by appellee to appellant’s order. An answer was filed which alleged that each note was usurious and void for that reason.

The court found there was no usury in the note first mentioned and decreed the foreclosure of the mortgage which secured it. It was found and decreed, however, that the second note was usurious and void for that reason,…