Southern Home Building & Loan Ass'n v. Winans

HUNTER, Associate Justice.

This suit was brought by Henry S. and George M. Winans against the appellant, a corporation organized under the laws of Georgia, to cancel a certain mortgage and bond given in the sum of $5000 for loaned money, executed by appellees to appellant on the 17th day of June, 1890, upon the ground that the contract was usurious and that, applying all payments to the principal of the debt, it was extinguished.

The defendant denied that the contract was usurious, and by cross-action impleaded Noble and wife, Fox, Houssels, and The Red Store, a corporation, and asked judgment…