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HORDYK v. FARLEY

No. 7936.

94 Ariz. 189 (1963)

382 P.2d 668

Elizabeth HORDYK and Richard C. Harris, as Trustee in Bankruptcy of the Estate of Elizabeth Hordyk, Petitioners, v. Gordon FARLEY, as Judge of the Superior Court of the State of Arizona in and for the County of Santa Cruz, Southwestern Land Co., a corporation, et al., Respondents.

Supreme Court of Arizona. En Banc.

June 13, 1963.

Attorney(s) appearing for the Case

Rogge, Hillock & Stark by Malcolm L. Hillock, Tucson, for petitioners.

Judge Gordon Farley, respondent, Nogales, in pro. per.

Nolen L. McLean, Tucson, for respondent Southwestern Land Co.

Boyle, Bilby, Thompson & Shoenhair, by Harold C. Warnock, Tucson, for respondent Louis Eppstein.

UDALL, Vice Chief Justice.

This case came to us upon a motion for a writ of prohibition. We granted an alternative writ and ordered that briefs be submitted for our consideration.

Petitioners were defendants in a foreclosure action in Santa Cruz County Superior Court. Respondent, Southwestern Land Co., was plaintiff. An answer to the complaint was filed in which petitioners denied lawful execution of the note and mortgage, alleged failure of consideration...

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