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ARIZONA DEPT. OF WATER RES. v. RAIL N RANCH CORP.

No. 2 CA-CV 87-0123.

156 Ariz. 363 (1987)

752 P.2d 16

ARIZONA DEPARTMENT OF WATER RESOURCES, formerly Arizona Water Commission, Plaintiff/Appellant, v. RAIL N RANCH CORPORATION, an Arizona corporation and Lloyd W. Golder III, Defendants/Appellees.

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

October 15, 1987.

Attorney(s) appearing for the Case

Arizona Dept. of Water Resources by Barbara A. Markham and Katherine Ott Verburg, Phoenix, for plaintiff/appellant.

Robert A. Kerry, Tucson, for defendants/appellees.

OPINION

LIVERMORE, Presiding Judge.

In this appeal from a judgment in a lien foreclosure action in favor of defendant Rail N Ranch Corporation based on the statute of limitations, plaintiff Arizona Department of Water Resources argues that its defense of a mortgage foreclosure action against defendant by asserting the priority of its lien either satisfied the statute of limitations or tolled it under equitable principles...

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