Emerson v. Franklin Life Ins. Co.

BOND, Justice.

The Franklin Life Insurance Company instituted this suit in a district court of Grayson county,, Tex., against D. C. Emerson, for debt and'foreclosure of a deed of trust on certain described real estate. Emerson’s defense to the suit was predicated on a theory that the loan contract was tainted with usury; thus, in .cross-action, vouched in the suit A. Y. Creager Company, the original lender of the money, and sought judgment for abatement of the principal note for all interest paid, penalties, etc. Judgment was entered- in favor of the plaintiff for the full amount of the…