Brunner v. Jerry Terman & Farmers Loan & Trust Co.

This is an appeal of consolidated cases which, by agreement, were consolidated in the trial court and by further agreement were consolidated for the appeal.

We shall refer to plaintiffs-appellants Thomas Wayne Brunner and Lucille Berniece Brunner throughout the opinion as “Brunner”; the defendant-appellee Jerry N. Terman shall be referred to as “Terman”; the defendant-appellee Leola Ann Carter shall be referred to as “Carter” and the appellee Farmers Loan and Trust Company shall be referred to as the “Bank.”

In the trial court appellants Brunner were plaintiffs in Cause No. C-68-311 upon their…