Fitzgerald v. Grain Belt Realty Co.

The opinion of the court was delivered by

MASON, J.:

On July 27, .1915, M. E. Silvius made application to the Benton & Hopkins Investment Company for five loans, aggregating $8,250, on various tracts of land owned by him. *55On the acceptance of the application he executed to the company mortgages for that amount, due ini five years and bearing interest at 6 per cent per annum. He also executed to the company an additional or “commission” mortgage for $1,230, due January 1, 1917, drawing interest at 10 per cent per annum from its maturity. The purpose of the transaction, which may be spoken of as…