PUZ v. MARTIN

No. 2 CA-CV 88-0380.

161 Ariz. 380 (1989)

778 P.2d 1276

James R. and Mary E. PUZ, husband and wife, and Lucille Wells (f/k/a Lucille M. Tracy), Appellants, v. Joseph and Grace MARTIN, husband and wife, Colleen Martin (f/k/a Colleen McDonald), Hirsh & Bayles, P.C., Law Offices of William J. Risner and William J. Risner, Appellees.

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

June 20, 1989.


Attorney(s) appearing for the Case

Alex Mahon, Tucson, for appellants.

John M. Sando, Tucson, for appellees Martin.

Stompoly & Stroud by L. Anthony Fines, Tucson, for appellees Risner and Hirsh & Bayles.


OPINION

LIVERMORE, Presiding Judge.

On June 15, 1972, the community of Richard and Colleen McDonald borrowed money from the estate of Richard's father. The debt was secured by a mortgage on the McDonald's house and they jointly and severally signed a promissory note. The note was due on May 24, 1979. On July 10, 1978, the father's estate was distributed to Richard. Thereafter on March 5, 1983, Richard assigned the note and mortgage to another person. (This...

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