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BALLARD v. LAWYERS TITLE OF ARIZONA

No. 1 CA-CIV 2878.

27 Ariz. App. 168 (1976)

552 P.2d 455

Thomas E. BALLARD, Appellant, v. LAWYERS TITLE OF ARIZONA and Lawyers Title Insurance Corporation, Appellees.

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

July 13, 1976.

Attorney(s) appearing for the Case

John G. Gliege and Law Offices of Osmond A. Burton, Jr. by Osmond A. Burton, Jr., Scottsdale, for appellant.

Evans, Kitchel & Jenckes, P.C. by William L. Kurtz, Gary H. Fry, Phoenix, for appellees.

OPINION

WREN, Judge.

Thomas E. Ballard appeals from a judgment enjoining him from enforcing a judgment and writ of execution obtained in his suit to foreclose a mechanic's lien. The trial court concluded that the judgment obtained by Ballard was void and unenforceable because he failed to join as party defendants the record owners of the property at the time the foreclosure suit was commenced. These record owners...

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