Lott v. Peterson

Mrs. Vicey Peterson, as executrix of the estate of B. Peterson, deceased, brought suit upon two promissory notes against J. S. Lott, as indorser. The defendant by way of defense set up the plea that the notes sued on were secretly infected, with usury, and that thereby the waivers of homestead' contained therein were void, thus increasing the liability of the surety and releasing him from his obligation. In support of this plea the maker of the notes, W. C. Lankford, testified, so'far as is material to our purpose here, as follows: “The consideration of this note was made up as follows: $500…