West v. Ogden

HUTCHESON, Circuit Judge.

The action was debt and foreclosure on a deed of trust note, dated April 30, 1921, and due January 1, 1931, given by Claude West to the B'idelity Savings Trust Company, and by that company indorsed to appellee. The defense, usury, in the clauses for accelerated maturity, and because $42.50, more than 10 per cent, interest, was charged in the first year, failed. There was a decree establishing the note as a valid debt against the land, and foreclosing the lien, but no deficiency judgment was ordered. Appellants are here insisting that in form and in fact, especially as…