Barnett v. Hitching Post Lodge, Inc.

LOCKWOOD, Justice.

Plaintiffs (appellants herein) are Phillip Barnett and Pacific National Bank, as signee. - Defendants (appellees) are Hitching Post Lodge, a corporation, and the Bank of Douglas 1 as Executor of the estate of Ray Gilliland.

The plaintiff sought relief in two counts. The first count was for foreclosure of a mortgage in the sum of $108,000 executed by Gilliland encumbering the Hitching Post Lodge, a motel in Scottsdale, Arizona, title to which was in the name of Hitching Post Lodge, Inc., a corporation. This mortgage purported to be given to Barnett to secure a promissory note…