Rothey v. Walker Bank & Trust Co.

HOWE, Associate Chief Justice:

This dispute arises out of a trust deed executed in 1963 by Utahna Petty Belnap to secure her $30,000 promissory note to Walker Bank & Trust Co. (the Bank). The trust deed contained provisions that the trustor (Belnap) would appear in and defend any action purporting to affect the security, title to the property, or rights of the trustee or beneficiary (the Bank) and that should the trustee or beneficiary elect to defend in any such proceeding, the trustor would pay “all costs and expenses, including cost of evidence of title and attorney’s fees_”

Following…