MARQUESS v. SPANER

No. 1 CA-CIV 1205.

15 Ariz. App. 342 (1971)

488 P.2d 698

Frank Boyce MARQUESS, a married man dealing with his sole and separate property, Appellant, v. Leslie SPANER and Ethel Spaner, husband and wife et al., Appellees.

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

Rehearing Denied October 18, 1971.

Review Denied November 23, 1971.


Attorney(s) appearing for the Case

Herbert Mallamo, Phoenix, for appellant.

Philip T. Goldstein, Ltd. by Philip T. Goldstein, Phoenix, for appellees.


CASE, Judge.

This appeal is taken from a judgment entered against Marquess, appellant herein, and the trial court's denial of Marquess' motion for new trial.

The action was commenced by lenders, plaintiffs in the trial court, as a foreclosure action. Marquess raised the defense of usury. The matter was tried to the court which made extensive findings of fact and conclusions of law. The portion of the trial court's findings set forth below outlines generally...

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