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SMITH v. WESTERN & SOUTHERN LIFE INS. CO.

No. 8008.

87 F.2d 839 (1937)

SMITH v. WESTERN & SOUTHERN LIFE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

February 3, 1937.

Attorney(s) appearing for the Case

H. L. Carpenter, of Greenville, Tex., and T. N. Roach, Jr., of Commerce, Tex., for appellant.

E. A. Coker, of Dallas, Tex., for appellee.

Before SIBLEY and HOLMES, Circuit Judges, and STRUM, District Judge.

SIBLEY, Circuit Judge.

The complainant-appellant, Lula A. Smith, by a suit in equity filed in 1934 in a Texas court sought an account of a debt made in 1921 and renewed in 1931, with payments made during the interval; and because of usury in the debt which under Texas law (Vernon's Ann.Civ.St.Tex. art. 5071) renders void the contract to pay interest, she sought to apply all payments of interest to the principal, and having thus extinguished the principal to cancel...

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