Page v. American Bank of Commerce & Trust Co.

DISSENTING OPINION.

McCulloch, C. J.

The only issue raised in the pleadings in the 'Original trial of the cause was, as correctly stated in the 'opinion of the majority, the issue .of usury, and the reason that the issue was thus restricted was that neither mortgagor, Hollan, nor the present appellant, Page, tendered any other issue in their respective pleas. Appellant was made party defendant as a junior lienor, was served with summons and after being brought into the case filed interplea claiming a lien under his mortgage, which was junior in point of time to the mortgages executed to…