Smith v. Berry

On the 11th of April, 1837, Smith sold and conveyed to Berry a tract of land for $4,380, $1,000 of which was paid in hand, and two notes executed for the residue, payable in instalments. Forbearance was given on these *318notes, after they fell due, at different times, upon the terms of an agreement to pay ten and twelve per cent, interest, and other payments made, until, on the 12th day of April, 1841, the whole balance due, including usury, amounted to $3,119 86 cents. On that day, the land having fallen in value nearly one half, and money scarce, an arrangement was made between the parties, by…