ALLEN, Circuit Judge.
Appellant, as receiver of a national bank and holder of a mortgage on real estate, executed by appellee on May 2, 1931, brought suit for foreclosure. The defense was that the interest charged was usurious, that the entire interest was therefore forfeited, and that appellee, prior to the institution of the suit, had tendered the full amount due.
The mortgage and note were in the face amount of $3,500.00 with interest at seven
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