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DICKENS v. FIRST AMERICAN TITLE INS.

No. 2 CA-CV 89-0123.

162 Ariz. 511 (1989)

784 P.2d 717

J.D. DICKENS, Margaret E. Dickens, Gayla Kay Graves and Richard M. Dickens, dba the J.D. Dickens Company, an Arizona partnership; and the J.D. Dickens Company, an Arizona partnership as trustee, Plaintiffs/Appellees, v. FIRST AMERICAN TITLE INSURANCE COMPANY OF ARIZONA, an Arizona corporation; Action Home Loans, Inc., an Arizona corporation; Raymond E. Bailey, Trustee; Harry I. Sparrow; Edith H. Sparrow; CWA, Inc. Pension Trust; Cooper-Weidler Acceptance, Inc.; Linda K. Scopes; Edna S. Scopes; Murrey Shamis; Frank Schuckardt; Gertrude Schuckardt; Anton Roos; Vinetta Roos; Jacob Kerstens; Mary Jane Kerstens; Seymour Greenberg; Sarah Greenberg; George W. Dyckman and Delores C. Dyckman, Defendants/Appellants.

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

December 14, 1989.

Attorney(s) appearing for the Case

Streich, Lang, Weeks & Cardon by Robert E. Miles, Marcia Horn Yavitz and E. Jeffrey Walsh, Phoenix, for plaintiffs/appellees.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Donald N. McIntyre, Andrew L. Pringle and Michael R. Golder, Phoenix, for defendants/appellants.

OPINION

FERNANDEZ, Chief Judge.

At issue in this appeal is the trial court's rulings that appellees' deed of trust has priority over appellants' deed of trust, that appellees are entitled to restitution of payments made on appellants' note to prevent foreclosure of appellants' deed of trust, and that appellees are entitled to an award of attorney's fees. We affirm the rulings on lien priority and restitution. The attorney's fee award is partially affirmed...

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