Smart v. Tower Land & Investment Co.

McGEE, Justice.

This is a suit for reimbursement of real property taxes that accrued while the property was held under a deed of trust. The taxes were paid by the mortgagee, Tower Land and Investment Company (Tower), after Tower foreclosed on the mortgage. Tower sought reimbursement from the mortgagor, Don M. Smart. Smart filed a counterclaim for usury. The trial court entered judgment for Tower for reimbursement for taxes and denied Smart’s usury claim. The court of civil appeals affirmed. 582 S.W.2d 543. On Tower’s claim for reimbursement we reverse the judgments of the lower courts and…