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HUNNICUTT CONST. v. STEWART TITLE & TRUST

No. 2 CA-CV 96-0036.

187 Ariz. 301 (1996)

928 P.2d 725

HUNNICUTT CONSTRUCTION, INC., an Arizona corporation, Plaintiff/Appellant/Cross-Appellee, v. STEWART TITLE AND TRUST OF TUCSON TRUST NO. 3496, Intervenor/Appellee/Cross-Appellant.

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

November 19, 1996.

Attorney(s) appearing for the Case

Leonard, Felker, Altfeld & Battaile, P.C. by Clifford B. Altfeld and Lynne M. Schwartz, Tucson, and Anne-Marie Brady, Tucson, for Plaintiff/Appellant/Cross-Appellee.

Carmine Cornelio, Tucson, for Intervenor/Appellee/Cross-Appellant.

OPINION

PELANDER, Presiding Judge.

The primary issue in this case is whether an equitable, unrecorded constructive trust on real property, arising from a party's having been fraudulently induced to furnish material and labor for improvements on the property, has priority over a bona fide purchaser for value's (BFP) subsequent recorded deed of trust on the property. Concluding that the recorded lien had priority, the trial court granted summary judgment...

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