Gilder v. Hearne

HOBBY, Judge.

This suit was brought by the appellee, J. E. Hearne, against U. M. Gilder and wife, to recover a balance of $147.19 due on a note executed by the appellants to the Waco Building Association on May 17, 1883, and transferred to Hearne on April 28, 1886. The note was secured by a lien on a lot in the town of Gatesville, Texas. The Waco Building Association was joined as a defendant in the suit.

There was a plea of payment by the defendants, failure of consideration, usury, fraud on the part of the payee in procuring the note for $1380 when only $1200 was received, that the note was…