CURTIS v. MORRIS

No. CV-95-0447-PR.

186 Ariz. 534 (1996)

925 P.2d 259

Brian W. CURTIS and Hallie Dawes Curtis, husband and wife, Plaintiffs-Appellees, v. Perlie Logue MORRIS, a single man, Defendant-Appellant.

Supreme Court of Arizona, En Banc.

October 24, 1996.


Attorney(s) appearing for the Case

Kenneth E. Chase, Scottsdale, for Brian W. Curtis and Hallie Dawes Curtis.

Ivy L. Kushner, Scottsdale, for Perlie Logue Morris.


OPINION

MARTONE, Justice.

We are asked to resolve a conflict between Division One and Division Two of the Court of Appeals over whether the expansion of the definition of forcible detainer in A.R.S. § 12-1173.01 to include transactions in which property is sold means that the merits of title may now be tried in an action for forcible detainer, notwithstanding the contrary provision of A.R.S. § 12-1177(A). We agree with Division One that § 12...

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