Clayton v. First National Bank

*394The bank, defendant in error, had judgment, after trial to the court, in a suit to foreclose, as a mortgage, an assignment of a contract of purchase and sale of .land. Clayton and Murnan, two of the deféndants below, bring error.

The contract in question was dated January 2, 1917, and was given by one Eaton, the owner of the land, to three men named Anderson. It provided that it should be void if assigned without his consent. It was assigned to the bank by the Andersons October 16, 1920, in a writing in which, they “do by these presents sell, assign, transfer and set over unto the First…