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MORRISEY v. FERGUSON

No. 2 CA-CV 87-0303.

156 Ariz. 536 (1988)

753 P.2d 1192

Shirley MORRISEY, in her capacity as Personal Representative of the Cecil Dotman Estate, Plaintiff/Appellee, v. Lowell R. FERGUSON, a single person, Defendant/Appellant.

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

April 7, 1988.

Attorney(s) appearing for the Case

Lawrence E. Condit, Tucson, for plaintiff/appellee.

Gaila Davis, Tucson, for defendant/appellant.

OPINION

FERNANDEZ, Judge.

At issue in this appeal is the validity of a homestead declaration which does not reflect that the declarant resides on the property and which was recorded while the declarant was a prisoner in the custody of the Arizona Department of Corrections. The trial court granted summary judgment in favor of appellee and declared the homestead exemption unenforceable and void. We affirm.

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