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WESTON v. DENNY

No. 1 CA-CIV 1354.

14 Ariz. App. 1 (1971)

480 P.2d 24

Charlie WESTON, Appellant, v. W.C. DENNY and Etta Middleton Denny, his wife, Appellees.

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

Rehearing Denied February 18, 1971.

Review Denied March 16, 1971.

Attorney(s) appearing for the Case

Pain & Julian, by Fred J. Pain, Jr., Phoenix, for appellant.

Favour and Quail, by Keith Quail and William E. Craig, Prescott, for appellees.

CASE, Judge.

Plaintiff Weston brought an action seeking to have an agreement of sale and warranty deed to some 147 acres of land located near Prescott, Arizona, declared to be a loan and a mortgage and also seeking to have the entire transaction adjudged usurious. The defendant denied these allegations and counterclaimed, seeking to quiet title to the land. The matter was tried to the court, sitting without a jury. The court found that the transaction was a sale and...

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