EVANS v. C & B DEVELOPMENT CORPORATION

No. 1 CA-CIV 277.

4 Ariz. App. 1 (1966)

417 P.2d 372

Andrew J. EVANS and Mary R. Evans, his wife, Appellants, v. C & B DEVELOPMENT CORPORATION, an Arizona corporation, Appellee.

Court of Appeals of Arizona.

Rehearing Denied September 8, 1966.

Review Denied October 25, 1966.


Attorney(s) appearing for the Case

Evans & Kunz, by Donald R. Kunz, Phoenix, for appellants.

Botsford, Shumway & Wilson, by Guy C. Wilson, Scottsdale, for appellee.


McCARTHY, Superior Court Judge.

This is an appeal from a default and judgment foreclosing a mortgage and for the sum of $97,527.96 plus costs.

A verified complaint was filed against appellant on January 21, 1963, alleging an indebtedness in the principal sum of $65,626.30, evidenced by a promissory note, and secured by a third mortgage on real property. An Order to Show Cause to appoint a receiver was issued on the same date and a hearing was held some ten...

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