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BARNETT v. HITCHING POST LODGE, INC.

No. 7084.

101 Ariz. 488 (1966)

421 P.2d 507

Phillip BARNETT and Pacific National Bank of San Francisco, a National Banking Association, Appellants and Cross-Appellees, v. HITCHING POST LODGE, INC., a corporation, and the Bank of Douglas, as the Executor of the Estate of Ray C. Gilliland, Appellees and Cross-Appellants.

Supreme Court of Arizona. In Division.

December 14, 1966.

Attorney(s) appearing for the Case

Jennings, Strouss, Salmon & Trask, by Ozell M. Trask, William F. Haug, Phoenix, for appellants and cross-appellees.

Hughes & Hughes, John E. Madden [deceased], John Geoffrey Will, John S. Schaper, Phoenix, for appellees and cross-appellants.

LOCKWOOD, Justice.

Plaintiffs (appellants herein) are Phillip Barnett and Pacific National Bank, assignee. Defendants (appellees) are Hitching Post Lodge, a corporation, and the Bank of Douglas1 as Executor of the estate of Ray Gilliland.

The plaintiff sought relief in two counts. The first count was for foreclosure of a mortgage in the sum of $108,000 executed by Gilliland encumbering...

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