Hunsaker v. Rhodehouse

PORTER, Justice.

This action was brought by respondent to collect the alleged unpaid balance on a promissory note executed by appellants and to foreclose the real estate mortgage given to secure such note. By their answer appellants alleged payment of the promissory note; and by their cross-complaint asked for judgment for the penalties of usury. The trial court entered judgment in favor of respondent and ordered the foreclosure of the mortgage. From such judgment this appeal is being prosecuted.

The material and controlling facts in this case are not in serious dispute. Prior to October 14,…