Smith v. Union Bank & Trust Co.

In 1976, several persons, including Elsie S. Leckie, executed a promissory note to Union Bank Trust Company ("Union Bank"), secured by a mortgage in favor of Union Bank on certain real property. In 1993, the note went into default; Union Bank then held a foreclosure sale of the mortgaged property. The sum paid for the property at the sale was less than the amount owed on the promissory note. Union Bank sued to recover the deficiency from Leckie and the other makers of the note.

Leckie, however, died shortly before Union Bank filed the action, and a motion was filed on her behalf to dismiss her…