Southern Missouri Savings & Loan Ass'n v. Thomas

CROW, Presiding Judge.

Farmers State Bank (“the Bank”) appeals from a judgment reforming a deed of trust executed by Ronald A. Thomas and Winnora L. Thomas (“the Thomases”) in favor of Carter County Savings and Loan Association — now Southern Missouri Savings and Loan Association — and declaring such deed of trust superior to any interest held by the Bank under a “second” deed of trust. The undisputed facts are simple, and a recitation of them is necessary before addressing the Bank’s two assignments of error.

On January 27, 1976, the Thomases executed a deed of trust to L. Joe Scott, trustee,…