CAGLE v. CARLSON

No. 1 CA-CIV 6781.

146 Ariz. 292 (1985)

705 P.2d 1343

Ray E. CAGLE, Plaintiff-Appellant, v. Mary E. Cagle CARLSON, dealing with her sole and separate property; Paul W. Mercer and Florence L. Mercer, individually and as husband and wife; Gertrude Doyel, widow, Defendants-Appellees.

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

Reconsideration Denied March 21, 1985.

Review Denied September 4, 1985.


Attorney(s) appearing for the Case

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by Herbert Mallamo, Phoenix, for plaintiff-appellant.

John P. Moore, Phoenix, for defendant-appellee, Cagle/Carlson.

Stephen D. Chaya, Phoenix, for defendants-appellees, Mercer and Doyel.


OPINION

GREER, Judge.

This is an appeal from a suit to set aside a sheriff's sale ordered as a result of foreclosure proceedings upon the appellant Cagle's default on a promissory note.

In August 1972, the appellant gave a note of $50,000 to his wife Mary Cagle (appellee Cagle Carlson). She thereafter assigned $15,000 of the note to her attorney Paul Mercer. Cagle subsequently defaulted on the note, and both Mercer and Cagle Carlson then brought foreclosure...

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