Nitkey v. Ward

Hilton, Justice.

Appeal from a judgment entered in favor of defendants in an action brought by plaintiff for the purpose of having a certain deed, absolute on its face, given by him to the Guardian Securities Com pany, declared to be an equitable mortgage, void on the ground of usury, and for other relief.

The alleged claim of usury apparently is dropped on this appeal. No mention having been made of it in the briefs, it will, not be considered. The lower court not only denied plaintiff the relief sought, but also held him liable on his guaranty to be personally responsible on a certain lease…