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EVANS v. YOUNG

Nos. 1 CA-CIV 5672, 1 CA-CIV 5750.

135 Ariz. 447 (1983)

661 P.2d 1148

Wilbur EVANS, Plaintiff-Appellee, v. James F.E. YOUNG, and Virginia L. Young, husband and wife; Virgil F. Young, and Stella M. Young, husband and wife; and Elmer Geis, a widower, Defendants-Appellants. Wilbur EVANS, Plaintiff-Appellant, v. James F.E. YOUNG, and Virginia L. Young, husband and wife; Virgil F. Young, and Stella M. Young, husband and wife; and Elmer Geis, a widower, Defendants-Appellees.

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

Rehearing Denied March 4, 1983.

Review Denied April 5, 1983.

Attorney(s) appearing for the Case

Murphy & Posner by Richard H. Lee and K. Bellamy Brown, Phoenix, for plaintiff/appellee-appellant.

Thayer C. Lindauer, P.C. by Thayer C. Lindauer, Phoenix, for defendants/appellants-appellees.

OPINION

HAIRE, Presiding Judge.

The issue in this appeal is whether a judgment lienholder may foreclose against homestead property without following the appraisal procedure enumerated in A.R.S. § 33-1105.

In 1979, Wilbur Evans filed a complaint alleging that he held by assignment several recorded judgments against James and Virginia Young. Evans requested that the trial court determine the validity of...

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