Hill v. Hawes

ARNOLD, Associate Justice.

This is a suit for the cancellation of a note and deed of trust on the ground that if payments of usurious interest are credited to the plaintiff the note has been fully paid. The complaint also asks for the return of usurious payments in excess of the amount of the note. After a trial by the court without a jury, judgment was given for the defendant, from which plaintiff appeals.

The evidence showed that in 1926 defendant Hawes advanced to the account of plaintiff’s intestate, Bertha Byrd, and her husband the sum of $2,286.80. In return he received a note for $3,600…