City Bank & Trust Co. of Moberly v. Thomas

CRIST, Judge.

Appellant (lessee) appeals the sustentation of summary judgments in favor of respondents City Bank and Trust Company of Moberly, Missouri (bank) and Ronald Kimmerling (bank’s lessee). We affirm.

On May 14, 1979, Miller Farms, Inc., owner of the farmland in question, gave the Prudential Insurance Company a first deed of trust on the land to secure a note. This deed of trust was recorded on May 17, 1979. On August 12, 1983, the land was sold to James R. Black. Black assumed the Prudential note and bank financed the purchase price and took a second deed of trust on the land.

Lessee…