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BROWNE v. NOWLIN

No. 12690.

117 Ariz. 73 (1977)

570 P.2d 1246

Champion A. BROWNE, husband of Inez Browne, and the Unknown Heirs of Said Party, if Deceased, Appellants, v. Lester A. NOWLIN and Hazel I. Nowlin, husband and wife, Appellees.

Supreme Court of Arizona, In Banc.

October 7, 1977.

Attorney(s) appearing for the Case

John S. Schaper, Phoenix, for appellants.

Abbott H. Goldenkoff, Edward W. Stroetz, Jr., by Edward W. Stroetz, Jr., Phoenix, for appellees.

GORDON, Justice:

This appeal stems from a loan made by Lester and Hazel Nowlin (hereinafter appellees) to Champion A. Browne in exchange for his promissory note of $2,781.00, payable monthly at "the main office of Title Insurance Company of Minnesota", (hereinafter Minnesota Title). To accomplish payment of the note, which was secured by a real estate mortgage, appellant assigned a collection account at Minnesota Title to appellees. Following a sporadic series of...

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