Budget Charge Accounts, Inc. v. Peters

Duckworth, Chief Justice.

This is an action brought by the owner and his wife to restrain the sale of real property, being advertised under a power of sale contained in a deed to secure debt by the assignee of the grantee in the deed, for cancellation of said deed and damages, alleging collusion, conspiracy to defraud, usury, and failure of consideration. The defendants named in the suit are the grantee and assignee. The defendant assignor-grantee was not served in the lower court, but a temporary restraining order was granted stopping the sale pending a hearing. The court overruled a general…