“ But when the debtor actually makes a payment, as interest, and the bank knowingly receives and appropriates it as such, the usurious transaction is complete, the right of the one and the liability of the other is fixed, the cause of action arises, and the statute of limitations begins to run. ”

“ If they disregard its provisions, the law not only furnishes a defense, but gives a right of action. As to the defense, there is no statute of limitations. Whenever sued, the debtor may plead the usurious contract, and be relieved from paying any interest whatever. ”

“ In case a greater than the lawful rate 'has been paid, the person by whom it has been paid . . . may recover back . . . twice the amount of the interest thus paid, . . . provided such action is commenced within two years from the time the usurious transaction occurred.'
The debt was created in 1887, was paid in full in January, 1905, and on January 25, of the same year, the maker of the note brought suit to recover twice the amount of the interest paid thereon prior to 1897. ”