Cimarron Mortgage Company v. Wright

Cimarron Mortgage Company (“Cimar-ron”) appeals from a judgment in favor of its mortgagors, Donald Wayne Wright and Mattie Wright, in the Wrights’ declaratory-judgment action against Cimarron. We reverse and remand.

The facts dispositive of this appeal are undisputed. On August 19, 1999, the Wrights filed a one-count complaint alleging claims against Cimarron and Alfa Mutual Insurance Company (“Alfa”). The complaint contained the following factual allegations:

“4. The Plaintiff Donald Wright, on or about the 10th day of December 1993, signed a Note whereby he acknowledged an indebtedness (and…