Maxwell v. Smith, Et Ux.

The appellant, Maxwell, appealed from a final decree entered by the Judge of the Circuit Court for Dade County, Plonorable Paul D. Barns presiding, on July 12, 1934, in a certain foreclosure proceeding in which Maxwell was complainant and the appellees, Fred G. Smith and his wife, Elsie N. Smith, were defendants.

The defense interposed by the defendants, mortgagors, was that the transaction culminating in the execution of the note for four thousand dollars and the mortgage upon certain land in Miami was'tainted with usury, in that the actual amount of money loaned was $3,600; that a note was…