HOYLE v. DICKINSON

No. 2 CA-CV 87-0175.

155 Ariz. 277 (1987)

746 P.2d 18

Thomas L. HOYLE and Jane A. Hoyle, husband and wife, Plaintiffs/Appellees, v. R.G. DICKINSON and Sally Dickinson, husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department B.

August 11, 1987.


Attorney(s) appearing for the Case

Dain K. Calvin, Phoenix, for plaintiffs/appellees.

Ayers & Graham, P.C. by Charles K. Ayers and Joseph M. Hillegas, Jr., Phoenix, for defendants/appellants.


OPINION

FERNANDEZ, Judge.

In this case we are presented with the question of whether, under a subdivision trust in Arizona, a first beneficiary who has subordinated his priority to a construction lender can sue a second beneficiary for the unpaid balance of the purchase price after the trust property has been foreclosed upon by the lender. We hold that such an action may be maintained and that the summary judgment...

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