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WESTERN SAV. & L. ASS'N v. DIAMOND LAZY K GUEST RANCH

No. 1 CA-CIV 1737.

18 Ariz. App. 256 (1972)

501 P.2d 432

WESTERN SAVINGS & LOAN ASSOCIATION, Appellant, v. DIAMOND LAZY K GUEST RANCH, INC., and Karl Bailey Johnstone, a single man, Appellees.

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

Rehearing Denied October 26, 1972.

Review Denied November 21, 1972.

Attorney(s) appearing for the Case

Streich, Lang, Weeks, Cardon & French by B. Michael Dann, Phoenix, for appellant.

Allen L. Feinstein, Phoenix, for appellees.

STEVENS, Presiding Judge.

Briefly, a $50,000 note and a mortgage were executed and promptly assigned by the mortgagee. On default the assignee filed a mortgage foreclosure action and recorded a notice of lis pendens. The makers of the note, being the mortgagors, urged a number of defenses. The assignee-plaintiff then attached the real property described in the mortgage together with certain personal property and caused a series of writs of garnishment to issue...

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