Goodwin v. Alston

In this action, commenced on October 13, 1949, to foreclose two trust deeds and crop mortgages, defendants M. A. Fleming, Josie Bell Fleming and James M. Fleming filed an answer and cross-complaint in which they claimed treble damages because of alleged usury. This answer and cross-complaint was superseded by an answer and counterclaim in which counterclaim usury was charged and treble damages therefor were sought in the total sum of $82,394.70. Two transactions were involved. In the first, Goodwin advanced to Fleming $40,000 and in the second $65,000. A jury ■was empaneled to determine…