Indian Springs State Bank v. Kelley's Auto Supply, Inc.

Miller, J.:

The only parties involved in this appeal are Indian Springs State Bank, appellee, and Donna Jo Rives, appellant. The appellant has appealed from a ruling of the trial court that her claim of usury was neither a successful defense nor counterclaim in a mortgage foreclosure action brought by the appellee bank.

On February 2, 1977, the appellant and her former husband, Phillip Goin, borrowed $110,000 from the appellee for the purpose of acquiring land and constructing a building for Mr. Goin’s auto supply business. The note was secured by a real estate mortgage, and provided for the…