Bank of Powell v. Peoples Bank

HOUSTON, Justice.

Bank of Powell sought an adjudication in a declaratory judgment action that its mortgage, which was subordinate to a mortgage to Peoples Bank, was the only lien on the property, under the doctrine of merger, since the mortgagors, Kenneth and Lilly Brandon, executed a warranty deed in lieu of foreclosure to Peoples Bank. The trial court granted summary judgment for the defendant, Peoples Bank, after finding “that there is no genuine issue of material fact in this case and that the defendant [Peoples Bank] is entitled to an adjudication by summary judgment that no merger…