Waters v. . Garris

Civil action to restrain the foreclosure of two mortgages and to have the debts secured thereby credited with a foreclosure of the entire interest charged and twice the amount of usurious interest paid thereon.

The facts established by the verdict or not disputed are as follows:

1. The defendant, being the holder of two notes executed by the plaintiffs, one for $1,000 and the other for $4,000, each being secured by real estate mortgage on the same property, and default having been made, was, at the time of the institution of this action, proceeding to advertise and sell the same under powers…