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ROTHEY v. WALKER BANK & TRUST CO.

No. 19570.

754 P.2d 1222 (1988)

Kenneth L. ROTHEY, Trustee of the Belnap Family Trust, Plaintiff and Respondent, v. WALKER BANK & TRUST COMPANY, aka First Interstate Bank of Utah, a Utah banking corporation, Defendant and Appellant. FIRST INTERSTATE BANK OF UTAH, a Utah banking corporation, Counterclaim Plaintiff and Appellant, v. Kenneth L. ROTHEY, Trustee of the Belnap Family Trust, Barbara Sine, Jaynie Belnap, LeGrande P. Belnap, Arlene B. Waldron, Leslie W. King, Petty Investment Company, Petty Motor Company, Rachel Lunt, Doris Bagley Belnap, and First Security Bank of Utah, N.A., Counterclaim Defendants and Respondents.

Supreme Court of Utah.

May 16, 1988.

Attorney(s) appearing for the Case

Bruce A. Maak and Thomas B. Green, Salt Lake City, for Walker Bank.

Duane R. Smith, Salt Lake City, for Rothey.

HOWE, Associate Chief Justice:

This dispute arises out of a trust deed executed in 1963 by Utahna Petty Belnap to secure her $30,000 promissory note to Walker Bank & Trust Co. (the Bank). The trust deed contained provisions that the trustor (Belnap) would appear in and defend any action purporting to affect the security, title to the property, or rights of the trustee or beneficiary (the Bank) and that should the trustee or beneficiary elect to defend in any such...

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