MELNI v. CUSTER

No. 2 CA-CV 89-0098.

162 Ariz. 153 (1989)

781 P.2d 631

Florence MELNI, Plaintiff/Appellant, v. Joseph A. CUSTER, as Trustee for the American Fence and Supply Company Employee Profit Sharing Plan, James P. Garvey, as Trustee for the GMM, Inc. Pension Plan, Anna Rebekah Anderson, Lawrence Anderson, Elizabeth R. Woodard, Barbara J. Butt, Paul D. Johnson, Elizabeth Ann Johnson, and Magna Systems, Inc., an Illinois corporation, Elizabeth R. Woodard, Monroe L. Beachy, John M. Clark, Jr., as Trustee for the Clark Family Trust, John Michael Craig, Robert L. and Joann L. Dienhart, Trustees for the Eagle One Irrevocable Trust, George L. Fox, Verna H. Fox, Clara L. Hawkins, Marjorie A. Hust, Florence Lusk, Bill Edwards, President, Magna Systems, Inc., Ernest T. Pedersen, Mildred R. Pedersen, Robert Rosenberg, Joanne Rosenberg, Victor Roterus, Florence E. Roterus, Martha A. Schultz, Gary L. Seamon, Margaret N. Seamon, Gary L. Waddington, M.D., Trustee for the Money Purchase Pension Plan of Allergy Dermatology Specialists, Inc., Bennett T. Waites, Jim Edward Weinel, Trustee for the Jim Edward Weinel Trust, Jimmy E. Wilkinson, Beverly J. Wilkinson, Donald A. Young, and Evelyne H. Young, Defendants/Appellees.

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

October 10, 1989.


Attorney(s) appearing for the Case

Michael C. Hughes, Phoenix, for plaintiff/appellant.

Elizabeth Kolberg, Phoenix, for defendants/appellees.


OPINION

HOWARD, Judge.

FACTS AND PROCEDURE

This is an appeal from the granting of a cross-motion for summary judgment. On September 17, 1984, Metro Home Loans, Inc. (MHL), the owner of Lot 22, Los Gatos, located at 8601 Via del Sol in Scottsdale, Arizona, executed a warranty deed of the property to "D.M. Conrad, a single man." In conjunction with the transfer "D.M. Conrad" executed two deeds of trust naming MHL as beneficiary to secure two loans, evidenced...

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