CNB Bank & Trust, N.A. v. Rosentreter

Bank filed action for foreclosure and for replevin of grain bins. Parties disputed whether co-trustee owned 100% or 50% of tracts in question. By signing the mortgage , co-trustee mortgaged 100% of the ownership interest in tracts, as opposed to only 50% of the ownership interest. Question of fact as to whether Bank or Defendants were entitled to judgment as a matter of law. (POPE and HARRISON, concurring.)