Rapier v. Stockgrowers State Bank

The opinion of the court was delivered by

Burch, J.:

The action was one to recover a portion of the proceeds of a real-estate mortgage loan made by the bank , to the plaintiff. The plaintiff was defeated, and appeals.

The mortgage was for $3,000. It was admitted that the bank was to take up, and did take up, a former mortgage for. $2,000 and accrued interest, but the plaintiff contended the remainder of the proceeds of the new mortgage was to be paid to her. The defense was that the entire sum was .disbursed, by authority of the plaintiff, for the liquidation of agreed items.

One of the disputed…