Kent v. Livingstone

Appellants, plaintiffs below, sued to restrain appellees, defendants below, from foreclosing and selling, under a deed of trust, certain apartment house property owned by plaintiffs. The gro.und of suit is that the notes secured by the deed of trust were infected with usury and had, in law, been fully paid.

The bill charged that Mrs. Kent, the owner of the property, had obtained, through appellee Kenneth M. Livingstone, a $5,000 loan on the property, the loan being evidenced by five notes of $1,000 each, and had paid Livingstone a bonus in the amount of $1,000. Subsequently a part of the debt…