Emery v. Ward

Plaintiff below, plaintiff in error here, brought suit against Thomas Ward on a note for $250.00, and to foreclose a trust deed given to secure its. payment, on certain land in Moffat County. The Public Trustee and The Citizens Bank of Craig were joined as defendants. The bank claims an interest in the land based upon levy and execution sale thereof under a judgment against Ward. The deed of trust was foreclosed, but the right of plaintiff was made subject to that of the bank. That judgment is now here for review on error.

The essential facts are that in 1910 plaintiff, Lucy Ward Emery, sold…