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TEN Z'S INC. v. PERRY

No. 2 CA-CV 89-0222.

166 Ariz. 203 (1990)

801 P.2d 438

TEN Z'S INC., an Arizona corporation; Heritage Park Homeowner's Association, a nonprofit Arizona corporation, Plaintiffs/Appellants, v. Christopher R. PERRY and Jane Doe Perry, husband and wife; Mark Kartchner and Marian Kartchner, husband and wife; Jane Does I-V; ABC Corporations I-V; XYZ Partnerships I-V, Defendants/Appellees.

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

Reconsideration Denied May 16, 1990.

Review Denied December 4, 1990.

Attorney(s) appearing for the Case

Russo, Cox & Russo, P.C. by Karl MacOmber and Jerold Cartin, Tucson, for plaintiffs/appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Scott D. Gibson, Tucson, for defendants/appellees Mark and Marian Kartchner.

OPINION

HATHAWAY, Judge.

The sole issue to be decided in this appeal from summary judgment in a quiet title action is the adequacy of the legal description of real property in a notice of trustee's sale.

Appellant Ten Z's, Inc. was the trustor on a deed of trust encumbering a real estate development near Benson. Ten Z's defaulted on the promissory note and the beneficiary instructed appellee Christopher Perry to conduct a trustee's sale. Appellee Mark...

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