RUTLAND SAV. BANK OF RUTLAND, VT. v. WILSON

No. 9162.

108 F.2d 92 (1939)

RUTLAND SAV. BANK OF RUTLAND, VT., et al. v. WILSON et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 29, 1940.


Attorney(s) appearing for the Case

James Livingstone Lipscomb, of Dallas, Tex., for appellants.

W. M. Bates, of Dallas, Tex., and Richard F. Burns, of Houston, Tex., for appellees.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

Begun first, in September, 1935, after appellant had started foreclosure proceedings under power of sale, dismissed in 1937, and renewed in 1938, this suit was brought by appellees for an injunction against sale under and for cancellation, or in the alternative for reduction, of notes and the liens of deeds of trust they had given in 1931 in renewal of loan papers first executed in 1921 on a $35,000 loan.

The claim was usury because...

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