Miller Reeder Co. v. Farmers State Bank of Wyatt

HOFFMAN, Judge.

Defendant / countercelaimant - appellant Miller Reeder Company appeals the trial court's decision granting summary judgment in favor of Farmers State Bank of Wyatt.

The facts relevant to this appeal disclose that on June 21, 1978, the Nieubuurts executed a promissory note in favor of Farmers State Bank of Wyatt (hereinafter referred to as Farmers Bank). To secure payment of such note, the Nieubuurts also executed and delivered a mortgage on the real estate to Farmers Bank on June 21, 1978. The mortgage was duly recorded on June 29, 1978 in the Office of the Recorder of St.…