Hightower v. Beall, Spears & Co.

Crawford, Justice.

The error complained of in this case is the refusal of the judge below to grant the claimant a new trial, insisted upon -mainly because the court had rejected as evidence the books of accounts of the plaintiffs, which were offered by the claimant, to show usury in the debt on which the plaintiffs’ judgment was founded, and to secure the payment of which the deed to the plaintiffs was given.

Hightower, the husband, had executed the deed in controversy, to secure the payment of a debt which had been sued to judgment, a fi. fa. issued thereon, a deed back to the grantor filed…