Burkitt v. McDonald

GARRETT, Chief Justice,

This action was brought by G. W. Burkitt against Charles McDonald and his wife, Alice McDonald, for the recovery of a lot or tract of land situated in the city of Palestine, or, in the event of the recovery of the land should be denied, for a balance' of purchase money alleged to be due thereon. The defense was a purchase of the lot, and usury in the contract for the payment of the purchase money. Payments were pleaded, and a tender of the balance of the principal after deducting therefrom all payments made. Defendants did not follow their plea of tender with a payment…