Prather v. Smith

In this case suit was brought by Prather, the plaintiff, against Mrs. A. P. Dozier as principal, and C. M. Smith as security, upon a promissory note. Mrs. Dozier made no defense to the suit. Smith filed a plea setting up that there was a certain amount of usury in the note sued on, which fact was unknown to him at the time he signed the same as surety, that said note contained a waiver of homestead, and that by reason of said usury and waiver of homestead he was released from any obligation to pay the same. Smith died pending the suit, and his administrator .was made a party defendant to the…