SHELTON v. CUNNINGHAM

No. 1 CA-CIV 1786.

17 Ariz. App. 550 (1972)

499 P.2d 164

Mary SHELTON, Administratrix of the Estates of Mose Broussard, Deceased, and Georgia Mae Broussard, Deceased, Appellant, v. D.C. CUNNINGHAM, Appellee.

Court of Appeals of Arizona, Division 1.

Rehearing Denied August 24, 1972.

Review Granted October 24, 1972.


Attorney(s) appearing for the Case

Herbert Mallamo, Phoenix, for appellant.

Pollock & Lemberg by Gerald A. Pollock, Phoenix, for appellee.


KRUCKER, Chief Judge.

This appeal results from a judgment, after a jury trial, in favor of the defendant-appellee, D.C. Cunningham. Plaintiff-appellant, administratrix of the estates of Mose and Georgia Mae Broussard, both deceased, filed an action to have a deed of certain real property in Maricopa County, Arizona, declared to be a mortgage. The defendant denied the deed was intended to be a mortgage and counter-claimed to quiet title to the real property in himself...

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