Home Building & Savings Ass'n v. Shotwell

Hart, C. J.,

(after stating the facts). When a bona fide sale of land is intended, the vendor may charge a much higher price for his property on a credit than he would have done for cash for the element of lending and borrowing money is absent from the transaction; but if the sale is not bona fide, and there is an intent under its form, by excess of price, to receive more than lawful interest, the transaction will be usurious. Heytle v. Logan, 1 A. K. Marsh (Ky.) 529; Quackenbos v. Sayer, 62 N. Y. 344; Barr v. Collier, 54 Ala. 39; Collier v. Barr, 64 Ala. 543; and Ford v. Hancock, 36 Ark. 248.…