Murray First Thrift and Loan Co. v. Stevenson

ELLETT, Justice:

The plaintiff brought an action against the defendants (title owners) for declaratory judgment, praying that it be entitled to protect its security interest in and to certain real property by reason of an assignment from the purchasers (Coopers) under a conditional real estate sales contract. There being no disputed issues of fact, the trial court granted summary judgment to the plaintiff, and the defendants appeal.

The Stevensons owned real property and sold it to the Coopers under a uniform real estate contract which contained a promise by the Coopers not to assign the…