Samuelson v. Promontory Investment Corp.

These separate actions were commenced to foreclose construction liens against land owned by defendant-third party plaintiff Swearengin (Swearengin) and leased to defendant Promontory Investment Corporation (Promontory). Lewis and Clark State Bank (Bank) and Scott Acceptance Corporation (Scott) by way of a cross-complaint sought to foreclose trust deeds on Swearengin’s land which were given to secure loans made to Promontory. Swearengin sought to avoid the foreclosure by asserting that she was discharged as surety for the loans. The cases were consolidated for trial. All claims and interests…