Leahy

This cause was transferred to the district court of appeal for the second district for decision. In that court the judgment was affirmed upon the following opinion prepared by Justice Allen:

A. rehearing in the supreme court was granted for the purpose of examining the question of the right of the defendants to have the amount paid as interest credited upon the principal, in so far as it exceeded the interest that would have been due at eight per cent upon the amount actually loaned to the mortgagor, the question whether or not, as to such excess, the payments were voluntary. Upon further consideration we can see no escape from the conclusion of the district court of appeal upon this point. The findings not only state that they were voluntary, but they further state that the interest maturing on August 15, 1909, was not paid at that time, that a suit to foreclose for that default was begun, that thereafter on September 28, 1909, said installment of inter est, calculated at eight per cent per annum upon a principal sum of three thousand dollars was paid, by the mortgagor, the former owner, and thereupon that suit was dismissed. It is therefore evident that the payments were made…