Snider

Plaintiffs sued defendants Basinger and First American Financial Corporation (hereinafter collectively “defendants”) seeking (1) a declaration of plaintiffs’ right to an assignment of certain deeds of trust upon tender of amounts due on promissory notes secured by the trust deeds, of which Basinger, as executor of the estate of Flossie E. Gay, is the beneficial owner and First American is trustee; and (2) a permanent injunction restraining Basinger and First American from selling the trust property either under the power of sale contained in the trust deeds or by judicial foreclosure. Also named as defendants were P. E. Five, a limited partnership, and Lawrence Barrett (hereinafter collectively “defendant cotenants”), who, with plaintiffs, are holders as tenants in common of record title to the trust property. Following a trial by the court, judgment was rendered declaring (1) that plaintiffs are entitled to have the trust deeds reconveyed by the trustee upon full payment of the notes; (2) that defendants have no duty to execute an assignment to plaintiffs upon tender of full payment of amounts due; and (3) that defendants have the right of foreclosure on failure to…