Paine v. Levy

Opinion op the Court by

Judge Settle

Affirming.

Appellee sued appellant in the court below upon a note of $603, executed March 13, 1907, payable one day after date and bearing six per cent, interest from date. The note was secured by a mortgage of the same date upon personal property. Judgment was asked by ap*620pellee for the amount- of the note and interest and also for the enforcement of the mortgage lien and sale of the mortgaged property for its payment. Appellant’s answer. as amended, admitted the execution of the note and mortgage, but alleged that the note contained usury in a large amount;…