First National Bank v. Hastetter

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

*143This is an appeal from a judgment of the seventh judicial district of the State of Montana, in and for the County of McCone, the Honorable L. C. Gulbrandson, sitting without a jury.

The case was submitted on an agreed statement of facts which are as follows: On April 1, 1959, A. H. Moeller and Gwen Moeller, husband and wife, made and executed and delivered to the respondent, a promissory note in the sum of $15,000 and also executed a mortgage to respondent to secure that indebtedness.

On July 16, 1960, the Moellers assigned all…