Kirkpatrick v. Faw

Bell, Justice.

This was an action for land, based upon a security deed, the plaintiff alleging by amendment that the debt was past due and unpaid. This is the third appearance of this case in this court. The only questions now for determination are whether the amendment referred to in the preceding statement was sufficient to state a valid defense based upon alleged usury, and whether the evidence demanded the verdict which the court directed in favor of the plaintiff. This note and security deed were executed on March 8, 1906. At that time all titles to property made as a part of an usurious…