EISELE v. KOWAL

No. 1 CA-CIV 730.

11 Ariz. App. 468 (1970)

465 P.2d 605

Vern C. EISELE and Patricia J. Eisele, Appellants, v. Wolodymyr J. KOWAL and Orysia Kowal, his wife; John F. Swartz, as Trustee; Richard W. Neuman and Lucy Neuman, his wife, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

February 24, 1970.


Attorney(s) appearing for the Case

Fenton J. McDonough, Scottsdale, for appellants.

Harold Goldman, Phoenix, for appellees.


EUBANK, Presiding Judge.

The appellants are mortgagors, appealing from a decree of foreclosure and denial of their counterclaim seeking cancellation of the note and mortgage here in issue. Their main contention is that the mortgagees, in failing to discharge a prior encumbrance by a certain date, breached a "condition subsequent" in the mortgage, which caused it to lose all legal effect. We must determine whether the trial court was correct in holding that the mortgagees...

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