Ætna Life Ins. Co. v. Foster

SELLERS, Justice.

This suit was brought by H. D. Foster against .¡Etna Life Insurance Company to restrain said insurance company from foreclosing a certain deed of trust given by H. D. Foster to said company to secure the payment of a note for the sum of $2,500, on the ground that the contract as evidenced by the note and deed of trust were usurious. The original petition of H. D. Foster upon which he went to trial is as follows:

“For cause of action plaintiff alleges that he is the owner in fee simple title of: .

“All that certain lot, tract and parcel of land, lying and being situated in the…