VANDER WAGEN v. HUGHES

No. 1 CA-CIV 1770.

19 Ariz. App. 155 (1973)

505 P.2d 1046

Arthur VANDER WAGEN and Ruth Vander Wagen, his wife, Appellants, v. Matthew S. HUGHES and Jean Hughes, his wife, Appellees.

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

Rehearing Denied March 7, 1973.

Review Denied April 10, 1973.


Attorney(s) appearing for the Case

Carson, Messinger, Elliott, Laughlin & Ragan, by Robert W. Holland, Phoenix, for appellants.

Powers, Boutell, Fannin & Kurn, by William T. Boutell, Jr., Phoenix, for appellees.


HAIRE, Judge.

In this matter the successful plaintiffs in a mortgage foreclosure action have appealed from the trial court's denial of their motion (filed more than thirteen months after the entry of the original foreclosure judgment) to amend the foreclosure judgment so as to insert language permitting the plaintiffs to pursue the defendants for a deficiency remaining after the foreclosure. Because of the nature of the contentions urged by the parties, we find it...

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