Holmes v. Royal Loan Ass'n

ELLISON, J.-

— Defendant is a building and loan association, from wbicb plaintiff borrowed six hundred dollars on the 21st of December, 1896, and for which he executed his bond and deed of trust on his real property to secure its payment. Contending that the loan had been paid, plaintiff, in February, 1906, brought the present action for an accounting and a cancellation of the deed of trust. Defendant filed a cross-bill denying the bond1 had been paid in full and alleging that there was still due thereon (including interest) the sum of $255, and prayed a foreclosure of the deed of trust. The…