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DOWNS v. ZIEGLER

No. 1 CA-CIV 1221.

13 Ariz. App. 387 (1970)

477 P.2d 261

Claude DOWNS and Mary Downs, husband and wife, Appellants, v. Albert E. ZIEGLER, also known as Albert E. Ziegler, Jr., and Opal L. Ziegler, his wife; Al Ziegler Construction Company, Inc.; Donald E. Howland and Charlotte L. Howland, his wife; James C. Zemer and Rachel S. Zemer, his wife; Paul E. Sadler and Mary Carol Sadler, his wife; and Continental National Bank, Appellees.

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

Rehearing Denied December 31, 1970.

Review Denied February 9, 1971.

Attorney(s) appearing for the Case

Harold Riddel, Phoenix, for appellants.

Lewis & Roca by John P. Frank, Phoenix, for appellees.

HAIRE, Judge.

Plaintiffs, Claude and Mary Downs, commenced an action to foreclose a real estate mortgage and to hold Albert Ziegler, the mortgagor, and three doctors alleged to have subsequently agreed to pay the mortgage, liable for any deficiency remaining after the foreclosure sale of the mortgaged property. The case was tried to the court sitting without a jury, and the court entered judgment for plaintiffs on the...

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