Richlin

The trial court entered its judgment decreeing that a note and deed of trust executed by plaintiffs in favor of certain defendants constituted an usurious transaction and further decreeing that upon payment by plaintiffs to said defendants within thirty days of the sum legally due and unpaid on said note, to wit—the sum of $437.70, said defendants be enjoined from foreclosing said deed of trust and be required to cancel the instruments and reconvey the premises to plaintiffs. Defendants appeal from said judgment solely upon the judgment-roll.

Many points are argued in appellants’ briefs, but all are directed to the proposition that their demurrers to respondents’ complaint should háve been sustained. We shall therefore briefly outline the essential allegations of said complaint which was filed on December 12, 1927.

Respondents alleged that they were at all times the owners of the real property described; that in March, 1924, they borrowed from appellants the sum of $1750 and no more; that in order to obtain said loan appellants required and exacted from respondents a deed of trust upon said property securing their promissory note in the principal sum of $2',500 with interest at…