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SOUTHWEST SAV. AND LOAN ASS'N v. MASON

No. 2 CA-CV 87-0096.

155 Ariz. 443 (1987)

747 P.2d 604

SOUTHWEST SAVINGS AND LOAN ASSOCIATION, an Arizona corporation, fka Catalina Savings and Loan Association, a corporation, Plaintiff/Appellant, v. Barbara A. MASON, the spouse of Michael T. Mason, as her sole and separate property; Michael T. Mason; George Mason and Dorothy E. Mason, husband and wife; Richard G. Mohr and Marilyn M. Mohr, husband and wife; Deanne R. Mohr Grabinski, a married woman in her sole and separate right, Defendants/Appellees.

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

Review Granted January 19, 1988.

Attorney(s) appearing for the Case

Aboud & Aboud, P.C. by Michael J. Aboud, Tucson, for plaintiff/appellant.

Dennis A. Rosen, Ltd. by Gayle D. Reay, Tucson, for defendant/appellee Barbara Mason.

Chandler, Tullar, Udall & Redhair by Edwin M. Gaines, Jr., Tucson, for defendants/appellees George and Dorothy Mason.

King & Frisch, P.C. by Ron Allen, Tucson, for defendants/appellees Mohr and Grabinski.

OPINION

LACAGNINA, Chief Judge.

Southwest Savings and Loan Association moved for summary judgment on count two of its complaint seeking recovery on a promissory note secured by the realty mortgage on a family dwelling. Count one of the complaint sought foreclosure of the mortgage. The trial court denied Southwest's motion for summary judgment but granted summary judgment on the borrowers' motion, ruling that Southwest could not maintain a separate claim on...

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