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GREATER ARIZONA SAVINGS & LOAN ASS'N v. GLEESON

No. 1 CA-CIV 395.

5 Ariz. App. 577 (1967)

429 P.2d 464

GREATER ARIZONA SAVINGS AND LOAN ASSOCIATION, an Arizona corporation, Appellant, v. L.D.A. GLEESON and Tresa A. Gleeson, his wife, Appellees.

Court of Appeals of Arizona.

Rehearing Denied August 14, 1967.

Review Denied October 13, 1967.

Attorney(s) appearing for the Case

Gust, Rosenfeld & Divelbess, by Joseph H. Worischeck, Richard A. Segal, Boyd H. Gibbons, III, Phoenix, for appellant.

Hill, Savoy & Flickinger, by John E. Savoy, Phoenix, for appellees.

Melvyn T. SHELLEY, Judge of the Superior Court.

Appellant filed against appellees and Ukrainian Village, a corporation, to foreclose a mortgage on property which, prior to the foreclosure, the appellees had transferred to Ukrainian Village. The Ukrainian Village is not a party to this appeal. In the complaint plaintiff prayed, among other things, as follows in Paragraph 4 of the prayer:

"That the proceeds of said sale be applied first to the costs and expenses...

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