Quinlan's Estate v. Smye

FLY, Associate Justice.

Defendant in error sued plaintiff in error to recover on a promissory note of date October 21, 1890, for the sum of $850, and interest at the rate of 8 per cent per annum, and to foreclose a vendor’s lien on ifblock H, out of the original city lot 10, range 4, district 1, east of Alamo Plaza,” in the city of San Antonio, Bexar County, Texas. There was no denial of any of the allegations in the petition, but usury was set up, and it was pleaded that there were payments of $68 and $25.50 on October 21, 1891, which were pleaded as payments on the principal of the note, and…