Sparkman & McLean Co. v. Govan Investment Trust

The plaintiff (respondent) Sparkman & McLean Co., upon motion to this court seeks to dismiss an appeal taken by the defendant (appellant) Govan Investment Trust, from a decree foreclosing a $400,000 real estate mortgage held by the plaintiff to secure the defendant’s loan. The trial court held the transaction nonusurious and granted summary judgment to the plaintiff. The defendant’s motion for summary judgment was denied.

The defendant in this case, pleading the defense of usury, seeks affirmative relief against the plaintiff. The plaintiff contends the case is now moot by reason of the…