Hilfiker v. Preyer

PREWITT, Chief Judge.

Two deeds of trust covering tracts owned by different persons secured the payment of a promissory note signed by all of the owners. At a foreclosure sale the tracts were sold separately and brought more than the balance due on the note and *452expenses of sale. The issue here is who is entitled to the surplus.

Plaintiff was the trustee of two deeds of trust given to the Malden State Bank to secure the payment of a promissory note. All were dated the same day. The note, given in exchange for a loan, was signed by defendants Shannon Russell, Glenda Jean-ice Russell, Joseph W.…