Leach v. Michigan Realty Co.

BROWN, Justice.

• This is a suit for debt and foreclosure of a deed of trust lien on certain improved real estate in Wichita county.

The cause was before this court on a prior appeal and the opinion appears in Leach v. Reserve Realty Co., 70 S.W.(2d) 273.

We held that the notes were tainted with usury and the cause was remanded to the trial court.

Our conclusions were based on the language used in the two notes brought to our attention and on the record as then presented.

Having then held that, under the record as presented, the notes were usurious, the contention is here made that the issue of…