Tucson Manor, Inc. v. Federal Nat. Mortgage Ass'n

UDALL, Chief Justice.

The sole question presented by this appeal is whether the amendment to section 2324, Revised Code 1928, now appearing as section 62-517, A.C.A.1939, and known as the deficiency judgment statute, is valid. If the 'amendment is valid then the judgment of the lower court must be reversed as the plaintiff-appellee, Federal National Mortgage Association, wholly failed at the trial to establish the necessary factual predicate for obtaining a deficiency judgment.

The admitted facts are that defendant-appellant, Tucson Manor, Inc., executed and delivered its promissory note for…