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# LEGAL. No. 17,828. No. 18,053. The Holden Land and Live Stock Company, and Howard M. Holden, Appellants, vs. The Inter-State Trading Company, The National Bank of Commerce, of Kansas City, Missouri, and George T. Cutts, Receiver of said Bank, Appellees. The Holden Land and Live Stock Company, and Howard M. Holden, Appellees, VS. The Inter-State Trading Company, The Nauonal Bank of Commerce, of Kansas City, Missouri, and George T. Cutts, Receiver of said Bank, Appellants. Appeal from Shawnee County. (First Division.) MODIFIED. Syllabus. By the Court. Mason, J. 1. An agreement by a mortgagor that he will forfeit all interest in the mortgaged property, if he fails to pay the debt secured by a fixed time, will not be enforced, although made after the execution of the mortgage. 2. Where by the agreement of the mortgagor and mortgagee the note secured, and a deed for the mortgaged property from the mortgagor to the mortgagee, are deposited in escrow, both to be delivered to the mortgagor if he pays his debt by a certain date, otherwise the note to be delivered to him and the deed to the mortgagee, the delivery of the deed in accordance with the agreement does not devest the mortgagor's title. 3. If such a deed is regarded as taking effect at the time of its deposit in escrow, the continued existence of the indebtedness thereafter characterizes it as a mortgage. If it is regarded as taking effect at the end of the designated period it is invalid as an absolute conveyance of title because it is an attempt to procure in advance a release of the equity of redemption. 4. When a deed has been given under such circumstances that it amounts to a mortgage, the fact that the grantor accepts and signs a lease of the property from the grantee does not preclude him from asserting his right to redeem. 5. Where a party asks a court to declare a deed to be in effect a mortgage, he may be required, as a condition to receiving such equitable relief, to forego the advantage of any statutory penalties for the exaction of usury, and submit to a charge of the principal of the debt and legal interest. All the Justices concurring. A true copy Attest: D. A. VALENTINE. [Seal.] Clerk Supreme Court