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BEST FERTILIZERS OF ARIZONA, INC. v. BURNS

No. 2 CA-CIV 2135.

117 Ariz. 178 (1977)

571 P.2d 675

BEST FERTILIZERS OF ARIZONA, INC., a Delaware Corporation, Appellant, v. V. L. BURNS, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 29, 1977.

Review Granted April 26, 1977.

Attorney(s) appearing for the Case

Karman & Ishamel, P.C. by Howard H. Karman, Casa Grande, for appellant.

Stanfield, McCarville, Coxon, Cole & Fitzgibbons by David A. Fitzgibbons, Jr., Casa Grande, for appellee.

OPINION

HATHAWAY, Judge.

This is an appeal involving two mortgages. The trial court found that appellee's mortgage was senior to that of appellant and entered judgment foreclosing appellee's mortgage. Appellant challenges the foreclosure contending that the senior note has been discharged and the mortgage thereby released.

Appellee's note and mortgage originated when Marcus Vanderslice gave them as a purchase money note and mortgage to Mr. and Mrs...

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