ARIZONA TITLE INSURANCE AND TRUST CO. v. KELLY

No. 1 CA-CIV 822.

11 Ariz. App. 254 (1970)

463 P.2d 838

ARIZONA TITLE INSURANCE AND TRUST COMPANY, an Arizona corporation, Appellant, v. Hugh KELLY and Marion D. Kelly, his wife, H.B. Michelson and Jane Doe Michelson, his wife, and A.P.A. Investments, Inc., an Arizona corporation, Appellees.

Court of Appeals of Arizona, Division 1. Department A.

January 14, 1970.


Attorney(s) appearing for the Case

Ryley, Carlock & Ralston, by John C. Ellinwood, Phoenix, for appellant.

Botsford, Simon & Jekel, by George W. Botsford and Howard N. Singer, Scottsdale, for appellees.


STEVENS, Judge.

The appellant was the plaintiff in the trial court. The complaint sought judgment on a promissory note and to foreclose the mortgage which secured the note. The note and mortgage were executed prior to Arizona's enactment of the Uniform Commercial Code. The appellees, along with other parties, were defendants. The appellees signed the note as makers but did not execute the mortgage. There was a single...

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