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SONES v. SPIEGAL

No. 35959.

140 N.W.2d 799 (1966)

179 Neb. 838

William SONES, Appellant-Cross-Appellee, v. Richard H. SPIEGAL and Bertha B. Spiegal, Appellees-Cross-Appellants.

Supreme Court of Nebraska.

March 11, 1966.

Attorney(s) appearing for the Case

W. A. Ehlers, Omaha, for appellant.

Jerome Grossman, Marks, Clare, Hopkins & Rauth, J. William Gallup, Omaha, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.

WHITE, Chief Justice.

This is an action in equity by the plaintiff to cancel two allegedly usurious notes and real estate mortgages, to recover all money paid to defendants, and to recover possession of abstracts of title. The essential facts are undisputed. The evidence shows that plaintiff obtained two loans from the defendants. On the first loan dated October 15, 1957, the plaintiff gave a note and mortgage of $850 payable at the rate of $35 per month with interest...

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