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BYRER v. A.B. ROBBS TRUST COMPANY

No. 9666.

105 Ariz. 457 (1970)

466 P.2d 751

James R. BYRER and Mary C. Byrer, his wife, Daniel Inselberg and Dorothy Inselberg, his wife, J.J. Molinar, Frank G. Pina, Frank G. Pina, Jr. and Christine Pina, his wife, Stewart Title & Trust of Phoenix, an Arizona corporation, Appellants, v. A.B. ROBBS TRUST COMPANY, an Arizona corporation, Appellee.

Supreme Court of Arizona, In Division.

March 26, 1970.

Attorney(s) appearing for the Case

Standage & Allen, by Gove L. Allen, Mesa, for appellants.

Murphy, Posner & Franks, by John A. Murphy, Jr., Phoenix, for appellee.

STRUCKMEYER, Vice Chief Justice.

In this appeal A.B. Robbs Trust Company as plaintiff in the court below obtained a default judgment foreclosing certain notes and mortgages. Defendants here urge error arising out of these facts.

At the time Robbs Trust Company filed its complaint, an application was made for a receiver. Defendants' attorney entered into discussions with plaintiff's attorney concerning the desirability of a receiver. These discussions culminated...

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