Benton v. Wilkins

The appeal is from a decree of foreclosure. The contention of appellant is that the decree should have been in favor of the defendant on the theory that the defendant’s defense of usury had been sutained by proof and that the mortgage should have been cancelled and the defendant should have had a decree against the complainant for double the amount of interest reserved and paid to the plaintiff.

The defense was timely made and was the issue tried by the chancellor. There was substantial evidence supporting the defendant’s contention, but there was also ample substantial evidence to warrant the…