This section contains the nature of the case and procedural background.

Alby (P) sold part of their family farm to their niece, Lorri Brashler, and her husband, Larry Brashler. The property's market value was $100,000, the parties agreed to a purchase price of $15,000. The contract and the deed contained nearly identical clauses providing for automatic reverter to P if the property were subdivided, mortgaged, or otherwise encumbered during either of Ps' lifetimes. The Brashlers obtained a loan for $92,000. The Brashlers executed a second deed of trust to obtain a second loan for $17,250 from CIT Group. CIT Group assigned the loan to petitioner, Banc One Financial (Banc One). The Brashlers defaulted on their payments on their first loan, and the lender held a trustee's sale on October 27, 2000. Banc One purchased the property at the sale for $100,822.16 and recorded the trustee's deed on November 2, 2000. P filed a quiet title action against Banc One (D), arguing the title to the property automatically reverted to her when the Brashlers encumbered the property. The trial court quieted title in D and declared the clause void against public policy as an unreasonable restraint on alienation. The Court of Appeals reversed., concluding that the clause is valid because it is not a restraint on alienation and even if it were, the restraint is reasonable. This appeal resulted.

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