Farr v. Hartley

FOLLAND, Chief Justice.

This case involves the question of priority between respective owners of notes in a participating mortgage. The case is here on the judgment roll.

Defendants Hartley borrowed money from the Ogden State Bank and gave in return five notes in the sums of $1,500, $1,500, $2,000, $2,000, and $6,000 each, and executed one mortgage in the total sum of $13,000 to secure the payment of the series of notes. The Trust Department of the Bank held trust funds belonging to George Lochhead, John Farr, Huida Holmes, Fred McNutt, and Orpha C. Lind-strom. Without notice to or consent of…