PIONEER NAT. TRUST v. PIONEER NAT. TRUST

No. 2 CA-CIV 2048.

115 Ariz. 511 (1977)

566 P.2d 312

PIONEER NATIONAL TRUST CO. of Arizona as Successor Trustee of TTI Building Corp., formerly known as Tucson Title Insurance Company as Trustee under Trust No. 218948, Appellant/Cross-Appellee, v. PIONEER NATIONAL TRUST CO. of Arizona as Successor Trustee of TTI Building Corp., formerly known as Tucson Title Insurance Company as Trustee under Trust No. 10359, Pioneer National Trust Co. of Arizona as Trustee Under Trust No. 10376, and the Unknown Heirs of any of the Named Parties Defendant, Appellees/Cross-Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 25, 1977.

Review Denied June 14, 1977.


Attorney(s) appearing for the Case

Jeffrey H. Schwartz, and Miller, Pitt & Feldman, P.C., Tucson, for appellant/cross-appellee.

Rees, Mercaldo & Smith, P.C. by Paul G. Rees, Jr., Tucson, for appellees/cross-appellants.


OPINION

HOWARD, Chief Judge.

This appeal concerns the right of a vendee to a partial release of certain lots upon payment of the release price. There is also a cross-appeal which challenges the appellant's capacity to sue and contends the proceedings below were a nullity due to the failure to join the beneficiaries of the trust as indispensable parties.

In this opinion we shall designate the parties as follows: Appellant is Trustee No. 48; appellee...

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