Lubbock Nat. Bank of Lubbock v. Elkins

FOSTER, Circuit Judge.

In tills? ease there is no dispute as to the material facts. It appears that on September 16, 1926, James Campbell Whicker executed a note for $1,700 to appellant and gave as security a deed of trust covering certain designated real estate. The note was renewed on March 20, 1928, and a new deed of trust was executed covering practically the same property, with the exception that there was a change as to two certain lots. After the second deed of trust was executed, an officer of appellant, without the knowledge or consent of Whicker, inserted clauses making it purport to…