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...
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