“ As was justly said by the supreme court of Nebraska: 'It would be highly unconscionable to permit a person to give a contract a false form to evade the burdens which would follow from its true expression, and then permit him to show the truth as against the form to evade the burdens cast by a contract in the form which has been so chosen.' [56 Neb. 565, 76 N. W. 1060.] ”

“ But in case the bank elected to foreclose the mortgage, I think it took the benefit of it cum onere. He who seeks equity must do equity. It could not take the benefit of the mortgage to Sumner, and claim a right to foreclose for the amount due, without, at the same time, admitting that the payments which had been made were made upon a debt secured by the mortgage, and subject to the disability of the state law. ”