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PREVO v. McGINNIS

No. 2 CA-CIV 5113.

142 Ariz. 298 (1984)

689 P.2d 557

Harry M. PREVO and Phebe M. Prevo, husband and wife, Plaintiffs/Appellees, v. Lew McGINNIS, an unmarried man, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

July 12, 1984.

Attorney(s) appearing for the Case

Bilby, Shoenhair, Warnock & Dolph, P.C. by Harold C. Warnock, Tucson, for plaintiffs/appellees.

Schorr, Leonard & Felker, P.C. by Franklin O. Eldridge, Tucson, for defendant/appellant.

OPINION

BIRDSALL, Chief Judge.

This appeal arises out of a summary judgment foreclosing a deed of trust. The action was filed when the appellant failed to make a payment of principal and interest due on the note secured by the deed. The payment was due on September 15, 1983 in the total amount of $238,531. The payment was to be made to the collection agent Lawyers Title of Arizona who notified the appellant, Lew...

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