AM. CENTURY MTG. INVESTORS v. REGIONAL CTR., LTD.

No. 18703.

529 S.W.2d 578 (1975)

AMERICAN CENTURY MORTGAGE INVESTORS and Dan M. Cain, Substitute Trustee, Appellants, v. REGIONAL CENTER, LTD., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied October 22, 1975.


Attorney(s) appearing for the Case

Mark T. Davenport, Atwell, Cain & Davenport, Dallas, for appellants.

Christopher M. Weil, Weil, Craig & Fischman, Dallas, for appellees.


GUITTARD, Justice.

This appeal is from a temporary injunction restraining a trustee's foreclosure sale under a deed of trust. The principal ground alleged for injunctive relief is that the loan secured by the deed of trust was usurious because the note provided for interest at a rate permitted only for a corporate borrower, and that the actual borrower was not the corporation which had signed the note and deed of trust but was a limited partnership for whose benefit...

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