First National Bank of Nevada v. Barengo

OPINION

By the Court,

Thompson, J.:

On April 1, 1970, Lee and Mary Jane Carter executed a promissory note in the amount of $12,000 in favor of Inez Barengo, and secured payment thereof by a deed of trust on real property owned by them. Victor Whittlesea signed that note as guarantor. 1 The Carters defaulted.

Whittlesea died in February 1972. Barengo filed a creditor’s claim against his estate which was rejected. This action then was commenced to recover the sum due on the note. Barengo did not proceed against the Carters, nor did she foreclose the deed of trust. The district court believed this…