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VONK v. DUNN

No. 2 CA-CV 87-0354.

159 Ariz. 134 (1988)

765 P.2d 536

David Florica VONK and Romaine M. Vonk, husband and wife, Plaintiffs/Appellees, v. Jess A. DUNN, Juanita R. Dunn, Frank M. Dunn, Defendants/Appellants.

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

Review Granted January 10, 1989.

Attorney(s) appearing for the Case

David P. Flannigan, P.C. by David P. Flannigan, Bisbee, for plaintiffs/appellees.

Jess A. Dunn, Juanita R. Dunn and Frank M. Dunn, Tucson, in pro. per.

OPINION

HOWARD, Presiding Judge.

This is an appeal from an order of summary judgment in favor of the mortgagee in a foreclosure action. We affirm.

These are the essential facts. In 1982, the defendants (the Dunns) purchased 160 acres of land in Cochise County from the plaintiffs (the Vonks), giving a promissory note secured by a realty mortgage for $24,000 at 8% per annum. The terms of the promissory note provided that payments were due on the first...

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