Green v. Maxwell

SAM D. JOHNSON, Justice.

This suit was brought by the appellant, Henrietta Green, to set aside a deed of trust and the foreclosure of such deed of trust by the appellee, Fred A. Maxwell. The primary contention of the plaintiff, Green, at trial was that the defendant had not properly credited the full amount paid by her upon her account and that the note in question was usurious.

The jury found that the plaintiff had paid to the defendant $2,273.75, that the defendant had credited this amount in a certain manner as between principal, interest and late charges, and that upon the date the…