Mid-State Homes, Inc. v. Jackson

BERRY, Justice:

Mid-State Homes, Inc. [plaintiff] commenced this action against Herbert Jackson, and Jessie Bell Jackson [defendants], alleging defendants had defaulted in payment of a note secured by a mortgage and plaintiff had exercised its option to declare all the remainder of the -note due. Plaintiff requested judgment for the amount due under the note, attorney fees, costs and judgment foreclosing the mortgage. At the time the action was brought the unpaid balance of the principal debt was approximately $3,400.00.

Defendants denied default and filed a cross-petition alleging usury. The…