First Interstate Bank of Kalispell, N.A. v. Wann

Defendants appeal from the grant of plaintiff’s motion for summary judgment and the subsequent judgment against the defendant in the amount of $10,262.45 entered by the District Court of the Eleventh Judicial District, Flathead County, Montana. We affirm the judgment.

The sole issue upon appeal is whether the plaintiff, as holder of a promissory note secured by a junior trust indenture, is barred from recovery upon the note after the holder of the senior trust indenture foreclosed upon and sold the indentured property?

The parties in this case do not dispute the facts, which are summarized as…