Court of Appeals of Kentucky, 1915

Nantz v. Hurst

Nantz v. Hurst
Court of Appeals of Kentucky · Decided October 26, 1915 · Nunn
166 Ky. 396; 179 S.W. 400; 1915 Ky. LEXIS 704

Nantz v. Hurst

Opinion of the Court

Opinion op the Court by

Judge Nunn

Reversing.

In this action to recover on a note executed in consideration for a conveyance of land, and to enforce a. purchase money lien for the payment thereof, the court-erred in adjudging that the stipulated interest in excess of 6% was usurious. In the meaning of the statute it was. *397not a transaction for the loan or forbearance of money. Gruell v. Smalley, 1 Duvall, 358; Tousey v. Robinson, 1 Met., 663; Eddy v. Northup, 15 Ky. L. R., 434 ; 23 S. W., 3531; McCann’s Exr. v. Bell, 79 Ky., 113; Watts v. National Building & Loan Assn., 102 Ky., 29 Berry v. Walker, 9 B. Mon., 464.

The judgment is reversed with directions to enter judgment for the amount of the-note and interest suedL on, and enforce the lien on the land described in the; judgment.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.