Norton v. Commerce Trust Co.

HUTCHESON, Circuit Judge.

The suit is to remove cloud from a large body of land in Texas, by canceling a trustee’s deed and a deed of trust and, in the alternative, for a money judgment for the excess in value of the land over the debt admitted to be due against it. The grounds are usury making void the contract provisions for interest and the trustee’s sale made because of default in interest payments. The claim is that the provisions for accelerating maturity in the notes the original debtor gave so taint tbe contract with usury that a sale made under the deed of trust for nonpayment of…