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STEWART v. NANGLE

No. 361.

103 So.2d 649 (1958)

Earl W. STEWART and Evelyn A. STEWART, his wife, Appellants, v. John S. NANGLE et al., Appellees.

District Court of Appeal of Florida. Second District.

Rehearing Denied June 25, 1958.

Attorney(s) appearing for the Case

Stephen R. Magyar, Orlando, Neal D. Huebsch, Eustis, for appellants.

Jackson A. Cargill, Orlando, for appellees.

ALLEN, Judge.

This is an appeal from a final decree in a foreclosure suit which held that the involved transaction was usurious. Plaintiffs appeal.

Earl W. Stewart and wife, Evelyn A. Stewart, sued John S. Nangle, Golden Dolomite Company and others to foreclose a certain mortgage which secured two notes in the total amount of $18,750.

Paragraph (g) of the defendant's answer alleged usury as follows:

"The promissory notes and the mortgage deed...

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