BROOKS v. BURGESS

No. 5-1328.

306 S.W.2d 104 (1957)

Nancy BROOKS, Appellant, v. M. E. BURGESS, Executor, Appellee.

Supreme Court of Arkansas.

October 28, 1957.


Attorney(s) appearing for the Case

Wiley A. Branton, Pine Bluff, for appellant.

Robert Meurer and Spitzberg, Bonner, Mitchell & Hays, Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

This is a suit brought by E. E. Burgess to foreclose two mortgages upon land owned by the appellant. The principal defense is a plea of usury. The chancellor rejected this plea, fixed the amount of the indebtedness at $13,050.30, and entered a decree of foreclosure. Burgess died during the pendency of the appeal, and the cause has been revived in the name of his executor.

The debt sued upon represents money and supplies advanced...

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