Legal Opinion
Herberman v. Bergstrom
Court of Appeals of Arizona
Decided February 26, 1991No. 2 CA-CV 90-0246PublishedCited by 9 opinions
1Opinion of the Court
OPINION
HATHAWAY, Judge.
This appeal is taken from the granting of summary judgment entered in favor of the plaintiffs in a quiet title action. The facts are undisputed, and the only question presented is whether a deed of trust recorded after a declaration of homestead has been recorded is subject to the homestead.
Appellees owned a home encumbered by a deed of trust and subject to two judgments filed by creditors. In July 1979, they executed a declaration of homestead on the property. In January 1985, appellees borrowed $44,600 from appellants, a part of which was used to pay the obligation…
2Cases cited8 opinions
- Calvert v. Farmers Ins. Co. of ArizonaArizona Supreme Court · 1985
- Peterman-Donnelly Engineers & Contractors Corp. v. First National BankCourt of Appeals of Arizona · 1965
- In Re the Marriage of GrayArizona Supreme Court · 1985
- Standage v. StandageCourt of Appeals of Arizona · 1985
- Autenreith v. NorvilleArizona Supreme Court · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Piper v. Bear Medical Systems, Inc.Court of Appeals of Arizona · 1993
- Director of the Office of State Lands & Investments v. Merbanco, Inc.Wyoming Supreme Court · 2003
- Lamb Excavation, Inc. v. Chase Manhattan Mortgage Corp.Court of Appeals of Arizona · 2004
- In Re the Appeal in Pima County Mental Health Service Action No. MH-1140-6-93.Court of Appeals of Arizona · 1993
- Sourcecorp, Inc. v. NorcuttArizona Supreme Court · 2012
4 more not listed; retrieve them via the Exa API.