CAGLE v. BUTCHER

No. 13164.

118 Ariz. 122 (1978)

575 P.2d 321

Mary E. CAGLE, a divorced woman; and Gertrude Doyel, Appellants, v. David E. BUTCHER, Sr., Thomas M. Butcher, Irene M. Blair, Donald W. Poppe and Bonnie J. Poppe, his wife, and Ray E. Cagle, Appellees.

Supreme Court of Arizona, In Banc.

February 8, 1978.


Attorney(s) appearing for the Case

Paul W. Mercer, Phoenix, for appellants.

Yankee & Bernstein by James A. Yankee, Phoenix, for appellees Butcher and Blair.

Norling, Rolle, King & Oeser by George S. Livermore, Jr., Phoenix, for appellees Poppe.

W. Francis Wilson, Phoenix, for appellee Cagle.


HOLOHAN, Justice.

Appellant Mary E. Cagle appealed from the granting of a summary judgment in favor of David E. Butcher, appellee, which set aside the execution sale of a chose in action. We took jurisdiction pursuant to Sup.Ct.R. 47(e)(5).

The appellant, Mary E. Cagle, became a judgment creditor of her former husband, Ray E. Cagle. A writ of execution was issued and levy was made by the sheriff on a certain chose in action. A sheriff's sale of the chose in...

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