Hathaway v. Texas Building & Loan Ass'n

KEY, Associate Justice.

The nature and result of this suit are thus stated in appellant’s brief:

“James H. Hathaway sued the Texas Building and Loan Association, on the 16th day of July, 1897, for the recovery of $1180, being double the usurious interest alleged to have been paid to said association by said Hathaway on a contract with plaintiff, asked to have canceled and the cloud created thereby removed from the title of plaintiff to land affected by said contract, which is in form a building and mechanic’s lien contract, but alleged to have been put in such form as a device to disguise and…