COSTANZO v. STEWART TITLE & TRUST OF PHOENIX

No. 1 CA-CIV 2335.

23 Ariz. App. 313 (1975)

533 P.2d 73

Samuel X. COSTANZO and Jennie Costanzo, husband and wife, Appellants, v. STEWART TITLE & TRUST OF PHOENIX, an Arizona Corporation, Appellee.

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

Rehearing Denied April 30, 1975.

Review Denied June 10, 1975.


Attorney(s) appearing for the Case

Samuel L. Costanzo, Phoenix, for appellants.

Behrens, Maclean & Jacques by William F. Behrens and John K. Graham, Phoenix, for appellee.


OPINION

FROEB, Acting Presiding Judge.

This case was commenced as a suit on a note and an action to foreclose a realty mortgage upon a townhouse complex. Home Savings and Loan Association (Home) was the lender and plaintiff in the action. Samuel X. Costanzo (Costanzo) was the borrower-builder and one of the defendants. Other defendants included material suppliers and contractors who were involved in the construction of the complex and thereby claimed liens...

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